Pages 55173±55308 Vol. 60 10±30±95 No. 209 federal register October 30,1995 Monday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995
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Contents Federal Register Vol. 60, No. 209
Monday, October 30, 1995
Agency for Toxic Substances and Disease Registry Commodity Futures Trading Commission NOTICES NOTICES Hazardous substance releases and facilities: Meetings: Public health assessments and effects— Agricultural Advisory Committee, 55244–55245 Quarterly listing, 55271–55272 Superfund program: Consumer Product Safety Commission Hazardous substances priority list (toxicological profiles), NOTICES 55272–55275 Meetings; Sunshine Act, 55303
Agricultural Marketing Service Defense Department RULES See Army Department Kiwifruit grown in California, 55175–55176 See Navy Department Milk marketing orders: RULES Paducah, KY, 55179–55180 Federal Acquisition Regulation (FAR): Tomatoes grown in Florida, 55176–55178 Community right-to-know; toxic chemical release Walnuts grown in California, 55178–55179 reporting, 55306–55308 PROPOSED RULES Education Department Almonds grown in California, 55213–55220 NOTICES NOTICES Agency information collection activities under OMB Grants and cooperative agreements; availability, etc.: review: Bilingual education and minority languages affairs— Comprehensive school program, 55245–55246 Proposed agency information collection activities; Systemwide improvement program, 55246–55247 comment request, 55239 Direct grant and fellowship programs Agriculture Department Closing date extension, 55247 See Agricultural Marketing Service Postsecondary education improvement fund; institutional See Animal and Plant Health Inspection Service cooperation and student mobility between U.S. and See Forest Service European Union; special focus competition, 55248– 55249 Animal and Plant Health Inspection Service Employment and Training Administration RULES NOTICES Exportation and importation of animals and animal Agency information collection activities under OMB products: review: Hedgehogs and tenrecs from countries affected by foot- Proposed agency information collection activities; and-mouth disease, 55180–55183 comment request, 55283–55284
Army Department Energy Department NOTICES See Energy Efficiency and Renewable Energy Office Meetings: See Federal Energy Regulatory Commission U.S. Military Academy, Board of Visitors, 55245 NOTICES Environmental statements; availability, etc.: Blind or Severely Disabled, Committee for Purchase From Medical isotopes production project, 55249 People Who Are Savannah River Site, SC— See Committee for Purchase From People Who Are Blind or Waste management, 55249–55254 Severely Disabled Presidential permit applications: Northern States Power Co., 55257–55258 Centers for Disease Control and Prevention NOTICES Energy Efficiency and Renewable Energy Office Adult leukemia and workplace exposure to ionizing NOTICES radiation; epidemiologic study; NIOSH meeting, 55275 Meetings: Lung cancer and diesel exhaust among non-metal miners; National Electric and Magnetic Fields Advisory cohort mortality study with nested case-control study; Committee, 55257 NIOSH meeting, 55275 Environmental Protection Agency Commerce Department RULES See International Trade Administration Air quality implementation plans; approval and See National Oceanic and Atmospheric Administration promulgation; various States: Iowa, 55198–55200 Committee for Purchase From People Who Are Blind or Ohio, 55200–55202 Severely Disabled Hazardous waste: NOTICES Hazardous waste management system— Procurement list; additions and deletions, 55243–55244 Recycled used oil standards, 55202–55206 IV Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Contents
PROPOSED RULES Complaints filed: Air quality implementation plans; approval and Dot Trading, Inc., et al., 55270 promulgation; various States: United Van Lines, Inc., et al., 55271 Ohio, 55231 Clean Air Act: Federal Reserve System State operating permits programs— RULES Maryland, 55231–55237 Securities credit transactions; OTC margin stocks list (Regulations G, T, U, and X), 55183–55187 Executive Office of the President NOTICES See Trade Representative, Office of United States Applications, hearings, determinations, etc.: Aldwell, Roy Edward II, 55271 Federal Aviation Administration Hibernia Corp., 55271 RULES Airworthiness directives: Fish and Wildlife Service de Havilland, 55187–55189 NOTICES Jetstream, 55189–55191 Meetings: IFR altitudes, 55191–55194 Aquatic Nuisance Species Task Force, 55281 Standard instrument approach procedures, 55194–55198 PROPOSED RULES Food and Drug Administration Airworthiness standards: NOTICES Special conditions— Meetings: Israel Aircraft Industries Ltd. model Galaxy series In vitro diagnostic devices; tier/triage management airplane, 55221–55222 initiative; public workshop, 55275–55276 Class D and Class E airspace, 55222–55223 Class E airspace, 55223–55228 Forest Service NOTICES NOTICES Meetings: Environmental statements; availability, etc.: RTCA, Inc., 55295–55296 Clearwater National Forest, ID, 55239–55241 Passenger facility charges; applications, etc.: Binghamton Regional Airport, NY, 55296 General Services Administration Metropolitan Oakland International Airport, CA, 55296 RULES Federal Acquisition Regulation (FAR): Federal Communications Commission Community right-to-know; toxic chemical release reporting, 55306–55308 RULES Radio stations; table of assignments: Health and Human Services Department Alabama, 55206 See Agency for Toxic Substances and Disease Registry New York, 55206–55207 PROPOSED RULES See Centers for Disease Control and Prevention Common carrier services: See Food and Drug Administration Public switched network; subscribership and usage See National Institutes of Health increase, 55237–55238 NOTICES Housing and Urban Development Department Common carrier services: NOTICES Multipoint and/or multichannel distribution service in 2 Grant and cooperative agreement awards: GHz band; status of auction applications, 55258– Housing opportunities for persons with AIDS program, 55270 55277–55278 Interior Department Federal Emergency Management Agency See Fish and Wildlife Service NOTICES See Land Management Bureau Disaster and emergency areas: See National Park Service Puerto Rico, 55270 Virgin Islands, 55270 Internal Revenue Service PROPOSED RULES Federal Energy Regulatory Commission Procedure and administration: NOTICES Federal Crop Insurance Act; policyholders and reinsured Environmental statements; availability, etc.: companies employer identification number FCIC Williams Natural Gas Co., 55254–55255 requirement; withdrawn, 55228 Applications, hearings, determinations, etc.: Tax matters partner selection for limited liability Citizens Utilities Co., 55255 companies, 55228–55231 El Paso Electric Co., 55255–55256 Great Lakes Gas Transmission L.P., 55256–55257 International Trade Administration NOTICES Federal Maritime Commission Antidumping: NOTICES Stainless steel flanges from— Casualty and nonperformance certificates: India, 55241 Royal Caribbean Cruises Ltd., 55270 Titanium sponge from— Royal Venture Cruise Line, 55270 Russia, 55241–55242 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Contents V
Interstate Commerce Commission NOTICES NOTICES Meetings: Railroad operation, acquisition, construction, etc.: Mid-Atlantic Fishery Management Council, 55242–55243 Kansas City Southern Railway Co., 55282 North Pacific Fishery Management Council, 55243 Railroad services abandonment: Central Kansas Railway, Ltd. Liability Co., 55282–55283 National Park Service NOTICES Labor Department Mining plans of operation; availability, etc.: See Employment and Training Administration Mojave National Preserve, CA, 55281 See Mine Safety and Health Administration Realty actions; sales, leases, etc.: See Occupational Safety and Health Administration Georgia, 55281–55282 NOTICES Committees; establishment, renewal, termination, etc.: Navy Department Labor Research Advisory Council, 55283 NOTICES Environmental statements; availability, etc.: Naval Station Long Beach, CA, 55245 Land Management Bureau NOTICES Nuclear Regulatory Commission Meetings: RULES California Desert District Advisory Council, 55278 Nuclear equipment and material; import and export: Helicopters and motorized vehicles use for gathering wild Radioactive waste horses and burros, 55278–55279 Correction, 55183 John Day-Snake Resource Advisory Council, 55279 NOTICES Red Rocks State Park; proposed land withdrawal, 55279 Agency information collection activities under OMB Oil and gas leases: review: Wyoming, 55279 Proposed agency information collection activities; Opening of public lands: comment request, 55286 Alaska, 55279–55280 Meetings; Sunshine Act, 55303 Nevada, 55280 Applications, hearings, determinations, etc.: Realty actions; sales, leases, etc.: Connecticut Yankee Atomic Power Co., 55286–55287 South Dakota, 55280–55281 Georgia Institute of Technology, 55287 Survey plat filings: Wisconsin Electric Power Co.; correction, 55287 Florida, 55281 Occupational Safety and Health Administration Mine Safety and Health Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Committees; establishment, renewal, termination, etc.: Energy Department’s safety and health review programs Pneumoconiosis elimination among coal miners; advisory at Government-owned-contractor-operated facilities, committee, 55284 55284–55286
National Aeronautics and Space Administration Office of United States Trade Representative RULES See Trade Representative, Office of United States Federal Acquisition Regulation (FAR): Community right-to-know; toxic chemical release Personnel Management Office reporting, 55306–55308 RULES Employment: National Highway Traffic Safety Administration Appointment of nonstatus employees entitled to placement in different agency upon restoration to NOTICES duty from uniformed service, 55173–55174 Motor vehicle safety standards: Prevailing rate systems, 55174–55175 Nonconforming vehicles— Importation eligibility; determinations, 55297–55299 Postal Rate Commission NOTICES National Institutes of Health Post office closings; petitions for appeal: NOTICES Kinross, IA, 55287 Meetings: Genetic Testing Task Force, 55276 Public Health Service National Institute on Deafness and Other Communication See Agency for Toxic Substances and Disease Registry Disorders, 55276 See Centers for Disease Control and Prevention Patent licenses; non-exclusive, exclusive, or partially See Food and Drug Administration exclusive: See National Institutes of Health SciClone Pharmaceuticals, Inc., 55277 Securities and Exchange Commission National Oceanic and Atmospheric Administration NOTICES RULES Applications, hearings, determinations, etc.: Fishery conservation and management: 1784 Government Money Market Fund, 55294 Bering Sea and Aleutian Islands groundfish, 55212 1784 Money Market Fund, 55295 Northeast multispecies, 55207–55211 Dreyfus Cash Reserves, Inc., 55288 VI Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Contents
Dreyfus Financial Institution Securities, Inc., 55288 Treasury Department Dreyfus Liquid Assets II, Inc., 55289 See Internal Revenue Service Dreyfus Market Opportunity Fund, Inc., 55289 NOTICES Dreyfus New York Tax Exempt Bond Fund, Inc., 55290 Agency information collection activities under OMB Dreyfus New York Tax Exempt Money Market Fund, Inc., review, 55299 55290 Dreyfus Qualified Dividend Fund, Inc., 55291 Dreyfus Target Maturities Fund, 55291 Separate Parts In This Issue Dreyfus Taxable Municipals Fund, 55292 Forest Fund, Inc., 55292 Part II Lexington Short Term Tax Exempt Fund, Inc., 55293 Department of Defense, General Services Administration, Park Avenue Equity Fund, Inc., 55293 National Aeronautics and Space Administration, Park Avenue Tax Exempt Money Market Fund, 55294 55306–55308 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Reader Aids Trade Representative, Office of United States Additional information, including a list of public laws, NOTICES telephone numbers, and finding aids, appears in the Reader Generalized System of Preferences: Aids section at the end of this issue. Annual Review (1994)— Expedited review of products eligible for ‘‘de minimis’’ waiver, 55299–55302 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Transportation Department numbers, Federal Register finding aids, and a list of See Federal Aviation Administration documents on public inspection is available on 202–275– See National Highway Traffic Safety Administration 1538 or 275–0920. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
5 CFR 213...... 55173 532...... 55174 7 CFR 920...... 55175 966...... 55176 984...... 55178 1099...... 55179 Proposed Rules: 981...... 55213 9 CFR 92...... 55180 10 CFR 110...... 55183 12 CFR 207...... 55183 220...... 55183 221...... 55183 224...... 55183 14 CFR 39 (2 documents) ...... 55187, 55189 95...... 55191 97 (3 documents) ...... 55194, 55195, 55197 Proposed Rules: 25...... 55221 71 (5 documents) ...... 55222, 55223, 55224, 55226, 55227 26 CFR Proposed Rules: 301 (2 documents) ...... 55228 40 CFR 52 (2 documents) ...... 55198, 55200 279...... 55202 Proposed Rules: 52...... 55231 70...... 55231 47 CFR 73 (2 documents) ...... 55206 Proposed Rules: 36...... 55237 69...... 55237 48 CFR 23...... 55306 52...... 55306 50 CFR 651 (2 documents) ...... 55207 675...... 55212 55173
Rules and Regulations Federal Register Vol. 60, No. 209
Monday, October 30, 1995
This section of the FEDERAL REGISTER requirement that OPM place in the them from membership in the National contains regulatory documents having general executive branch certain categories of Guard or from holding the military applicability and legal effect, most of which employees when their former agencies grade required as a condition of their are keyed to and codified in the Code of determine that it is ‘‘impossible or Technician employment. These interim Federal Regulations, which is published under unreasonable’’ to reemploy them. The regulations expand that authority to 50 titles pursuant to 44 U.S.C. 1510. employees entitled to special placement cover nonstatus employees entitled to The Code of Federal Regulations is sold by assistance are: placement under USERRA, with one the Superintendent of Documents. Prices of (1) Executive branch employees exception. new books are listed in the first FEDERAL (including those serving under excepted The Schedule A authority does not REGISTER issue of each week. or time-limited appointments) whose cover employees who held Schedule C agencies no longer exist and the appointments or appointments under functions have not been transferred, or statutory authorities that specified the OFFICE OF PERSONNEL it is otherwise impossible or employees served at the discretion, will, MANAGEMENT unreasonable to reemploy them; or pleasure of the agency. We find that (2) Legislative and judicial branch such at-will employees are not entitled 5 CFR Part 213 employees; to placement in other agencies if their RIN 3206±AH15 (3) National Guard Technicians; and original employing agency declines to (4) Employees of the intelligence reemploy them. Since their original Appointment of Nonstatus Employees agencies. appointments could be terminated at Entitled to Placement in a Different Placement in executive branch any time, their positions afforded ‘‘no Agency Upon Restoration to Duty positions frequently requires that an reasonable expectation that employment From Uniformed Service individual have competitive civil will continue indefinitely or for a reasonable period,’’ as required by AGENCY: service status or be hired through Office of Personnel USERRA. Management. competitive examination. Executive branch employees who left career or ACTION: Interim regulations with request Waiver of Notice of Proposed career-conditional appointments or who Rulemaking for comments. had established reinstatement eligibility based on prior service are eligible for Pursuant to 5 U.S.C. 553(b)(3)(B), I SUMMARY: The Office of Personnel find that good cause exists for waiving Management (OPM) is issuing interim noncompetitive placement in competitive service positions. Executive the general notice of proposed regulations to permit Schedule A rulemaking, because the statutory appointments of certain excepted branch employees who left temporary or term appointments are generally eligible provisions for reemployment in other service employees who are entitled to agencies became effective on December placement in a different agency if their for noncompetitive reappointment to complete any unexpired portion of 12, 1994. The Schedule A appointing original employing agency cannot authority set out in these interim reemploy them following uniformed those appointments. The remaining employees entitled to placement, regulations is needed for practical service. These regulations implement implementation of that law. the Uniformed Services Employment however, have no status that would and Reemployment Rights Act of 1994 permit their noncompetitive Regulatory Flexibility Act (USERRA), Public Law 103–353, which appointment in the competitive service. I certify that this regulation will not mandates such placement. Interim Under USERRA, the employees are have a significant impact on a regulations setting out the categories of entitled to placement in positions that substantial number of small entities employees who are eligible for this are equivalent in terms of pay, grade, because it pertains only to Federal assistance and OPM’s responsibility for and status to the positions they left. employees and agencies. placing them were published for Since the employees covered by this comment on September 1, 1995 (60 FR interim regulation left positions filled List of Subjects in 5 CFR Part 213 45650). under excepted appointment, it is Government employees, Reporting appropriate that they be placed in the DATES: Effective: October 30, 1995. and recordkeeping requirements. executive branch under an excepted Comments must be received on or Office of Personnel Management. appointment. Such appointment would before December 29, 1995. permit the restored employees to James B. King, ADDRESSES: Send or deliver comments continue serving indefinitely (or up to Director. to Leonard R. Klein, Associate Director any time limit of their original Accordingly, OPM is amending part for Employment, U.S. Office of appointment) and to be promoted or 213, as follows: Personnel Management, 1900 E Street, reassigned to other positions in their NW., Washington, DC 20415. new agency, but would not give them PART 213ÐEXCEPTED SERVICE FOR FURTHER INFORMATION CONTACT: competitive status they could not have 1. The authority citation for part 213 Raleigh M. Neville, (202) 606–0830. earned in their original positions. is revised to read as follows: SUPPLEMENTARY INFORMATION: USERRA Excepted appointing authority already Authority: 5 U.S.C. 3301 and 3302, E.O. clarifies, expands, and strengthens the exists under § 213.3102(j) for National 10577, 3 CFR 1954–1958 Comp., p. 218; restoration rights of employees who Guard Technicians who are applying for § 213.101 also issued under 5 U.S.C. 2103; perform active duty in a uniformed or receiving a civil service annuity § 213.3102 also issued under 5 U.S.C. 3301, service. Among the changes are a based on a disability that disqualifies 3302, 3307, 8337(h), and 8456; E.O. 12364, 55174 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
47 FR 22931, 3 CFR 1982 Comp., p. 185; and time-limited appointment will be given The remaining Marin-Sonoma wage area Pub. L. 103–353. appointments for a time period equal to counties (Del Norte, Humboldt, and 2. In § 213.3102, paragraph (j) is the unexpired portion of their previous Mendocino) have no NAF FWS revised to read as follows: appointment. employees. * * * * * § 213.3102 Entire executive civil service. As required in regulation, 5 CFR [FR Doc. 95–26851 Filed 10–27–95; 8:45 am] 532.219, the following criteria were * * * * * considered in redefining these wage (j) Positions filled by current or BILLING CODE 6325±01±M areas: former Federal employees eligible for (1) Proximity of largest activity in placement under special statutory 5 CFR Part 532 provisions. Appointments under this each county; authority are subject to the following RIN 3206±AH16 (2) Transportation facilities and conditions. commuting patterns; and Prevailing Rate Systems; Abolishment (1) Eligible employees. (i) Persons (3) Similarities of the counties in: previously employed as National Guard of Marin-Sonoma, CA, Technicians under 32 U.S.C. 709(a) who Nonappropriated Fund Wage Area (i) Overall population; (ii) Private employment in major are entitled to placement under AGENCY: Office of Personnel § 353.110 of this chapter, or who are Management. industry categories; and applying for or receiving an annuity ACTION: Interim rule with request for (iii) Kinds and sizes of private under the provisions of 5 U.S.C. 8337(h) comments. industrial establishments. or 8456 by reason of a disability that While proximity favors the San disqualifies them from membership in SUMMARY: The Office of Personnel Francisco wage area, distances to all the the National Guard or from holding the Management is issuing interim candidate wage areas are in a very close military grade required as a condition of regulations to abolish the Marin- range, especially from the Coast Guard their National Guard employment. Sonoma, CA, nonappropriated fund Training Center that will soon be the (ii) Executive branch employees (NAF) Federal Wage System (FWS) largest remaining activity in the (other than employees of intelligence wage area and redefine the two counties counties to be redefined. Transportation agencies) who are entitled to placement having continuing FWS employment facilities and commuting patterns favor under § 353.110 but who are not eligible (Marin and Sonoma Counties) as areas San Francisco, while similarities in for reinstatement or noncompetitive of application to the Solano, CA, NAF population, private sector employment, appointment under the provisions of wage area for pay-setting purposes. No and industry patterns favor Solano. part 315 of this chapter. employee’s wage rate will be reduced as (iii) Legislative and judicial branch a result of this change. The Federal Prevailing Rate Advisory employees and employees of the DATES: This interim rule becomes Committee reviewed this intelligence agencies defined in 5 U.S.C. effective on October 30, 1995. recommendation and by consensus 2302(a)(2)(C)(ii) who are entitled to Comments must be received by recommended approval. placement under § 353.110. November 29, 1995. Employees Pursuant to 5 U.S.C. 553(b)(3)(B), I (2) Employees excluded. Employees currently paid rates from the Marin- find that good cause exists for waiving who were last employed in Schedule C Sonoma, CA, NAF wage schedule will the general notice of proposed or under a statutory authority that continue to be paid from that schedule rulemaking. Also, pursuant to section specified the employee served at the until their conversion to the Solano, CA, 553(d)(3) of title 5, United States Code, discretion, will, or pleasure of the NAF wage schedule one day prior to the I find that good cause exists for making agency are not eligible for appointment effective date of the next Solano, CA, this rule effective in less than 30 days. under this authority. wage schedule to be issued. The notice is being waived and the (3) Position to which appointed. regulation is being made effective in less Employees who are entitled to ADDRESSES: Send or deliver comments to Donald J. Winstead, Assistant than 30 days because preparations for placement under § 353.110 will be the 1995 Marin-Sonoma, CA, NAF wage appointed to a position that OPM Director for Compensation Policy, Human Resources Systems Service, U.S. areas survey must otherwise begin determines is equivalent in pay and immediately. grade to the one the individual left, Office of Personnel Management, Room unless the individual elects to be placed 6H31, 1900 E Street NW., Washington, Regulatory Flexibility Act in a position of lower grade or pay. DC 20415, or FAX: (202) 606–0824. I certify that these regulations will not National Guard Technicians whose FOR FURTHER INFORMATION CONTACT: have a significant economic impact on eligibility is based upon a disability may Paul Shields, (202) 606–2848. a substantial number of small entities be appointed at the same grade, or SUPPLEMENTARY INFORMATION: The because they affect only Federal equivalent, as their National Guard Department of Defense (DOD) agencies and employees. Technician position or at any lower recommended to the Office of Personnel grade for which they are available. Management that the Marin-Sonoma, List of Subjects in 5 CFR Part 532 (4) Conditions of appointment. (i) CA, FWS NAF wage area be abolished Individuals whose placement eligibility and that the two counties having Administrative practice and is based on an appointment without continuing FWS employment (Marin procedure, Freedom of information, time limit will receive appointments and Sonoma Counties) be added as areas Government employees, Reporting and without time limit under this authority. of application to the Solano, CA, NAF recordkeeping requirements, Wages. These appointees may be reassigned, wage area. This change is necessary U.S. Office of Personnel Management. promoted, or demoted to any position because the pending closure of the Lorraine A. Green, within the same agency for which they Hamilton DOD Housing Facility (host Deputy Director. qualify. activity) leaves the Marin-Sonoma wage (ii) Individuals who are eligible for area without an activity having the Accordingly, OPM is amending 5 CFR placement under § 353.110 based on a capability to conduct a wage survey. part 532 as follows: Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55175
PART 532ÐPREVAILING RATE December, and reinspection which must considered the economic impact of this SYSTEMS occur after December 15. This rule will rule on small entities. reduce costs to the industry because of The purpose of the RFA is to fit 1. The authority citation for part 532 the increase in time between the initial regulatory actions to the scale of continues to read as follows: inspection and reinspection. business subject to such actions in order Authority: 5 U.S.C. 5343, 5346; § 532.707 EFFECTIVE DATE: November 29, 1995. that small businesses will not be unduly also issued under 5 U.S.C. 552. FOR FURTHER INFORMATION CONTACT: or disproportionately burdened. Marketing orders issued pursuant to the Appendix B to Subpart B of Part 532 Charles L. Rush, Marketing Order Act, and rules issued thereunder, are [Amended] Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. unique in that they are brought about 2. In appendix B to subpart B, the through group action of essentially Box 96456, room 2526–S, Washington, listing for the State of California is small entities acting on their own DC 20090–6456, telephone (202) 690– amended by removing the entry for behalf. Thus, both statutes have small 3670; or Rose Aguayo, California Marin-Sonoma. entity orientation and compatibility. Marketing Field Office, Marketing Order 3. Appendix D to subpart B is There are approximately 65 handlers Administration Branch, Fruit and amended by removing the wage area list of California kiwifruit subject to Vegetable Division, AMS, USDA, 2202 for Marin-Sonoma, California, and by regulation under the order and Monterey Street, Suite 102B, Fresno, revising the list for Solano. California, to approximately 600 kiwifruit producers California 93721; telephone (209) 487– read as follows: in the production area. Small 5901. agricultural service firms are defined by Appendix D to Subpart B of Part 532Ð SUPPLEMENTARY INFORMATION: This final the Small Business Administration (13 Nonappropriated Fund Wage and rule is issued under Marketing Order CFR 121.601) as those whose annual Survey Areas No. 920 (7 CFR Part 920), as amended, receipts are less than $5,000,000, and regulating the handling of kiwifruit small agricultural producers have been * * * * * grown in California, hereinafter referred defined as those having annual receipts California to as the ‘‘order.’’ The order is effective of less than $500,000. A majority of under the Agricultural Marketing * * * * * handlers and producers of California Agreement Act of 1937, as amended (7 kiwifruit may be classified as small Solano U.S.C. 601–674), hereinafter referred to entities. as the ‘‘Act.’’ This final rule is in accordance with Survey Area The Department of Agriculture § 920.55(b) of the order. This section California (Department) is issuing this final rule in authorizes the Kiwifruit Administrative conformance with Executive Order Solano Committee (KAC), the agency 12866. responsible for local administration of Area of application. Survey area plus: This final rule has been reviewed the marketing order, to establish a California under Executive Order 12778, Civil period prior to shipment, when Justice Reform. This action is not inspections must be performed. Marin (Effective date November 17, intended to have retroactive effect. This Currently, pursuant to § 920.155 of 1995) final rule will not preempt any State or the marketing order, certification of any Sonoma (Effective date November 17, local laws, regulations, or policies, kiwifruit which is inspected and 1995) unless they present an irreconcilable certified as meeting grade, size, quality, * * * * * conflict with this rule. or maturity requirements in effect [FR Doc. 95–26852 Filed 10–27–95; 8:45 am] The Act provides that administrative pursuant to § 920.52 or § 920.53 during BILLING CODE 6325±01±M proceedings must be exhausted before each fiscal year shall be valid until parties may file suit in court. Under December 15 of each year or 21 days section 608c(15)(A) of the Act, any from the date of inspection, whichever DEPARTMENT OF AGRICULTURE handler subject to an order may file is later. with the Secretary a petition stating that The KAC met on June 14, 1995, and Agricultural Marketing Service the order, any provision of the order, or unanimously recommended revising the any obligation imposed in connection current inspection requirements. The 7 CFR Part 920 with the order is not in accordance with revision extends the validation period law and request a modification of the [Docket No. FV95±920±3FR] for the initial inspection certificate, order or to be exempted therefrom. A from the current December 15 Kiwifruit Grown in California; Revision handler is afforded the opportunity for expiration date to December 31 of each of Inspection Requirements a hearing on the petition. After the year. hearing the Secretary would rule on the Kiwifruit grown in California is AGENCY: Agricultural Marketing Service, petition. The Act provides that the typically harvested in mid-October. The USDA. district court of the United States in any fruit is packed shortly after harvest and ACTION: Final rule. district in which the handler is an placed into storage until shipment. The inhabitant, or has his or her principle shipping season generally extends SUMMARY: This final rule extends the place of business, has jurisdiction in throughout the year. validation period for initial inspection equity to review the Secretary’s ruling About 55 percent of the harvested certificates issued for California on the petition, provided a bill in equity fruit is inspected as it is being packed, kiwifruit from December 15 to is filed not later than 20 days after date prior to storage. While the majority of December 31 or 21 days from the date of the entry of the ruling. fruit is inspected prior to storage, some of inspection, whichever is later. The Pursuant to requirements set forth in handlers have their fruit inspected after current period does not allow sufficient the Regulatory Flexibility Act (RFA), the storage just prior to shipment. time between the initial inspection, Administrator of the Agricultural When kiwifruit is stored, a black which may occur between October and Marketing Service (AMS) has sooty mold sometimes appears on the 55176 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations fruit’s surface. This mold, caused by kiwifruit harvests have begun in mid- After consideration of all relevant fruit juice on the surface of the fruit, October due to natural conditions as matter presented, including the usually begins to show after the well as increased grower consciousness information and recommendations kiwifruit has been in storage for over a about fruit maturity. Fruit that is mature submitted by the KAC, the comment month. In order to control this problem, tends to have higher sugar content and received from KAC and other available a time limit on the validity of inspection is of higher quality. Because of the later information, it is hereby found that this certificates was established. The time harvest dates, the time lapse from rule, as hereinafter set forth, will tend limit initially established in 1985 was harvest to reinspection has decreased to effectuate the declared policy of the valid until January 15 or 21 days from over the years. Act. the date of inspection, whichever was This two-week change to the List of Subjects in 7 CFR Part 920 later. reinspection date is not expected to In 1985, it appeared that kiwifruit harm the industry’s reputation for Kiwifruit, Marketing agreements. harvested in October maintained its shipping quality California kiwifruit. For the reasons set forth in the quality through the following mid- Because of research done in the past five preamble, 7 CFR part 920 is amended as January. However, during the 1988/89 years, California growers understand the follows: season, problems with black sooty mold benefits of harvesting kiwifruit with a once again resulted in the KAC higher soluble solids content, which PART 920ÐKIWIFRUIT GROWN IN reevaluating this position, and as a means harvesting at a later date. This, CALIFORNIA result the date was changed to coupled with natural conditions that 1. The authority citation for 7 CFR December 1, to reduce the likelihood of have also contributed to a delay in part 920 continues to read as follows: moldy fruit entering commercial harvest, have reduced the number of channels. days from harvest until reinspection. Authority: 7 U.S.C. 601–674. Again in 1991, the KAC changed the The KAC also discussed the 2. Section 920.155 is revised to read expiration date for initial inspection elimination of reinspection certificates from December 1 to the as follows: requirements as an alternative. There is current expiration date of December 15. however, strong support throughout the § 920.155 Inspection requirement. The KAC believed that the December 1 industry for maintaining reinspection as Certification of any kiwifruit which is expiration date required shippers to a means of assuring fruit quality. The inspected and certified as meeting have their fruit reinspected too soon KAC also discussed the use of a sliding grade, size, quality, or maturity after the initial inspection. For many reinspection date. This would allow requirements in effect pursuant to shippers this was a financial burden. § 920.52 or § 920.53 during each fiscal The current period does not allow fruit harvested later to be reinspected at year shall be valid until December 31 of sufficient time to determine if damage a later date. However, it was determined such year or 21 days from the date of from mold may develop. Sufficient time that this would present enforcement inspection, whichever is later. would need to elapse between the initial problems as it would be difficult to inspection, which may occur between track the harvest date of the entire Dated: October 23, 1995. October and December, and California crop. The recommendation to Sharon Bomer Lauritsen, reinspection, which occurs after establish the reinspection date at Deputy Director, Fruit and Vegetable Division. December 31 was a compromise agreed December 15. This revision would [FR Doc. 95–26793 Filed 10–27–95; 8:45 am] to unanimously by the KAC. change the current December 15 BILLING CODE 3410±02±P inspection certificate expiration date. It A proposed rule concerning this would provide that a certificate remains action was published in the August 25, valid until December 31 or 21 days from 1995, Federal Register (60 FR 44282), 7 CFR Part 966 the date of inspection, whichever is with a 30-day comment period ending September 25, 1995. later. Thus, the 21-day limitation would [Docket No. FV95±966±1IFR] be in effect for all inspected kiwifruit One comment was received. The regardless of the date on which it was comment was submitted by the KAC Tomatoes Grown in Florida; Expenses inspected. This would mean that and supported implementing the change and Assessment Rate kiwifruit inspected and packed less than set forth in the proposed rule. The 21 days prior to December 31 would not comment stated that the reinspection AGENCY: Agricultural Marketing Service, have to be reinspected until 21 days requirement has always had a 21-day USDA. later. time period and noted that black sooty ACTION: Interim final rule with request The KAC estimates that, annually, mold may develop as early as ten days for comments. approximately 25 percent of the crop is after the fruit has been contaminated. reinspected. The reinspection rate is The comment pointed out that the SUMMARY: This interim final rule expected to be reduced slightly by aggressive education of growers and authorizes expenditures and establishes making inspection certificates valid packers as to why black sooty mold an assessment rate under Marketing until December 31 or 21 days from the occurs and ways to prevent it has Order No. 966 for the 1995–96 fiscal date of inspection. Extending the greatly reduced the occurrence of this period. Authorization of this budget inspection certificate validation from condition over the last four years. The enables the Florida Tomato Committee December 15 to December 31 is not comment concluded by stating that the (Committee) to incur expenses that are expected to have adverse affects on fruit KAC believes that later reinspection is reasonable and necessary to administer quality. a natural and positive change for the the program. Funds to administer this Over the last five years, the harvest of industry. program are derived from assessments California kiwifruit has begun later and Based on the above, the Administrator on handlers. later. In years past, the kiwifruit harvest of the AMS has determined that this DATES: Effective August 1, 1995, through began near the beginning of October, action will not have a significant July 31, 1996. Comments received by with a few starting dates recorded in economic impact on a substantial November 29, 1995, will be considered late September. In recent years, number of small entities. prior to issuance of a final rule. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55177
ADDRESSES: Interested persons are petition. The Act provides that the items for 1995–96 which have increased invited to submit written comments district court of the United States in any compared to those budgeted for 1994–95 concerning this action. Comments must district in which the handler is an (in parentheses) are: Office salaries, be sent in triplicate to the Docket Clerk, inhabitant, or has his or her principal $319,100 ($297,300), depreciation, Fruit and Vegetable Division, AMS, place of business, has jurisdiction in $19,000 ($18,200), employees’ USDA, P.O. Box 96456, room 2523–S, equity to review the Secretary’s ruling retirement program, $50,500 ($46,600), Washington, DC 20090–6456, FAX 202– on the petition, provided a bill in equity insurance and bonds, $8,000 ($7,000), 720–5698. Comments should reference is filed not later than 20 days after the payroll tax, $22,150 ($20,000), supplies the docket number and the date and date of the entry of the ruling. and printing, $8,500 ($7,500), page number of this issue of the Federal Pursuant to the requirements set forth miscellaneous, $2,000 ($1,600), audit, Register and will be available for public in the Regulatory Flexibility Act (RFA), $3,750 ($2,500), and research expense, inspection in the Office of the Docket the Administrator of the Agricultural $245,000 ($192,100). Items which have Clerk during regular business hours. Marketing Service (AMS) has decreased compared to those budgeted FOR FURTHER INFORMATION CONTACT: considered the economic impact of this for 1994–95 (in parentheses) are: Office Martha Sue Clark, Marketing Order rule on small entities. rent, $24,500 ($24,700), and education The purpose of the RFA is to fit Administration Branch, Fruit and and promotion expense, $1,225,000 regulatory actions to the scale of Vegetable Division, AMS, USDA, P.O. ($1,500,000). All other items are business subject to such actions in order Box 96456, room 2523–S, Washington, budgeted at last year’s amounts. that small businesses will not be unduly DC 20090–6456, telephone 202–720– The Committee also unanimously or disproportionately burdened. 9918, or Aleck J. Jonas, Southeast recommended an assessment rate of Marketing orders issued pursuant to the Marketing Field Office, Fruit and $0.04 per 25-pound container, the same Act, and the rules issued thereunder, are Vegetable Division, AMS, USDA, P.O. as last year. This rate, when applied to unique in that they are brought about anticipated shipments of 50,000,000 25- Box 2276, Winter Haven, FL 33883– through group action of essentially pound containers, will yield $2,000,000 2276, telephone 941–299–4770. small entities acting on their own in assessment income. This, along with SUPPLEMENTARY INFORMATION: This rule behalf. Thus, both statutes have small $25,000 in interest and other income, is issued under Marketing Agreement entity orientation and compatibility. will be adequate to cover budgeted No. 125 and Order No. 966, both as There are approximately 250 expenses. amended (7 CFR part 966), regulating producers of Florida tomatoes under While this action will impose some the handling of tomatoes grown in this marketing order, and approximately additional costs on handlers, the costs Florida, hereinafter referred to as the 50 handlers. Small agricultural are in the form of uniform assessments ‘‘order.’’ The marketing agreement and producers have been defined by the on handlers. Some of the additional order are effective under the Small Business Administration (13 CFR costs may be passed on to producers. Agricultural Marketing Agreement Act 121.601) as those having annual receipts However, these costs will be offset by of 1937, as amended (7 U.S.C. 601–674), of less than $500,000, and small the benefits derived by the operation of hereinafter referred to as the ‘‘Act.’’ agricultural service firms are defined as the marketing order. Therefore, the The Department of Agriculture those whose annual receipts are less Administrator of the AMS has (Department) is issuing this rule in than $5,000,000. The majority of Florida determined that this action will not conformance with Executive Order tomato producers and handlers may be have a significant economic impact on 12866. classified as small entities. a substantial number of small entities. This interim final rule has been The budget of expenses for the 1995– After consideration of all relevant reviewed under Executive Order 12778, 96 fiscal period was prepared by the matter presented, including the Civil Justice Reform. Under the Florida Tomato Committee, the agency information and recommendations provisions of the marketing order now responsible for local administration of submitted by the Committee and other in effect, Florida tomatoes are subject to the marketing order, and submitted to available information, it is hereby found assessments. It is intended that the the Department for approval. The that this rule, as hereinafter set forth, assessment rate as issued herein will be members of the Committee are will tend to effectuate the declared applicable to all assessable tomatoes producers of Florida tomatoes. They are policy of the Act. handled during the 1995–96 fiscal familiar with the Committee’s needs and Pursuant to 5 U.S.C. 553, it is also period, which began August 1, 1995, with the costs of goods and services in found and determined upon good cause and ends July 31, 1996. This interim their local area and are thus in a that it is impracticable, unnecessary, final rule will not preempt any State or position to formulate an appropriate and contrary to the public interest to local laws, regulations, or policies, budget. The budget was formulated and give preliminary notice prior to putting unless they present an irreconcilable discussed in a public meeting. Thus, all this rule into effect and that good cause conflict with this rule. directly affected persons have had an exists for not postponing the effective The Act provides that administrative opportunity to participate and provide date of this action until 30 days after proceedings must be exhausted before input. publication in the Federal Register parties may file suit in court. Under The assessment rate recommended by because: (1) The Committee needs to section 608c(15)(A) of the Act, any the Committee was derived by dividing have sufficient funds to pay its expenses handler subject to an order may file anticipated expenses by expected which are incurred on a continuous with the Secretary a petition stating that shipments of Florida tomatoes. Because basis; (2) the fiscal period began on the order, any provision of the order, or that rate will be applied to actual August 1, 1995, and the marketing order any obligation imposed in connection shipments, it must be established at a requires that the rate of assessment for with the order is not in accordance with rate that will provide sufficient income the fiscal period apply to all assessable law and request a modification of the to pay the Committee’s expenses. tomatoes handled during the fiscal order or to be exempted therefrom. Such The Committee met September 7, period; (3) handlers are aware of this handler is afforded the opportunity for 1995, and unanimously recommended a action which was unanimously a hearing on the petition. After the 1995–96 budget of $2,025,000, $190,000 recommended by the Committee at a hearing the Secretary would rule on the less than the previous year. Budget public meeting and is similar to other 55178 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations budget actions issued in past years; and be sent in triplicate to the Docket Clerk, place of business, has jurisdiction in (4) this interim final rule provides a 30- Fruit and Vegetable Division, AMS, equity to review the Secretary’s ruling day comment period, and all comments USDA, P.O. Box 96456, room 2523–S, not later than 20 days after the date of timely received will be considered prior Washington, DC 20090–6456, FAX 202– the entry of the ruling. to finalization of this action. 720–5698. Comments should reference Pursuant to the requirements set forth the docket number and the date and in the Regulatory Flexibility Act (RFA), List of Subjects in 7 CFR Part 966 page number of this issue of the Federal the Administrator of the Agricultural Marketing agreements, Reporting and Register and will be available for public Marketing Service (AMS) has recordkeeping requirements, Tomatoes. inspection in the Office of the Docket considered the economic impact of this For the reasons set forth in the Clerk during regular business hours. rule on small entities. preamble, 7 CFR part 966 is amended as FOR FURTHER INFORMATION CONTACT: The purpose of the RFA is to fit follows: Martha Sue Clark, Marketing Order regulatory actions to the scale of Administration Branch, Fruit and business subject to such actions in order PART 966ÐTOMATOES GROWN IN Vegetable Division, AMS, USDA, P.O. that small businesses will not be unduly FLORIDA Box 96456, room 2523–S, Washington, or disproportionately burdened. Marketing orders issued pursuant to the DC 20090–6456, telephone 202–720– 1. The authority citation for 7 CFR Act, and the rules issued thereunder, are 9918, or Richard P. Van Diest, California part 966 continues to read as follows: unique in that they are brought about Marketing Field Office, Fruit and Authority: 7 U.S.C. 601–674. through group action of essentially Vegetable Division, AMS, USDA, suite small entities acting on their own 2. A new § 966.233 is added to read 102B, 2202 Monterey Street, Fresno, CA behalf. Thus, both statutes have small as follows: 93721, telephone 209–487–5901. entity orientation and compatibility. Note: This section will not appear in the SUPPLEMENTARY INFORMATION: This rule There are approximately 5,000 Code of Federal Regulations. is issued under Marketing Agreement producers of California walnuts under § 966.233 Expenses and assessment rate. and Order No. 984, both as amended (7 this marketing order, and approximately CFR part 984), regulating the handling Expenses of $2,025,000 by the Florida 65 handlers. Small agricultural of walnuts grown in California. The Tomato Committee are authorized, and producers have been defined by the marketing agreement and order are an assessment rate of $0.04 per 25- Small Business Administration (13 CFR effective under the Agricultural pound container of Florida tomatoes is 121.601) as those having annual receipts Marketing Agreement Act of 1937, as established for the fiscal period ending of less than $500,000, and small amended (7 U.S.C. 601–674), hereinafter July 31, 1996. Unexpended funds may agricultural service firms are defined as referred to as the Act. be carried over as a reserve. those whose annual receipts are less The Department of Agriculture than $5,000,000. The majority of Dated: October 23, 1995. (Department) is issuing this rule in California walnut producers and Sharon Bomer Lauritsen, conformance with Executive Order handlers may be classified as small Deputy Director, Fruit and Vegetable Division. 12866. entities. [FR Doc. 95–26790 Filed 10–27–95; 8:45 am] This interim final rule has been The budget of expenses for the 1995– BILLING CODE 3410±02±P reviewed under Executive Order 12778, 96 marketing year was prepared by the Civil Justice Reform. Under the Walnut Marketing Board, the agency provisions of the marketing order now responsible for local administration of 7 CFR Part 984 in effect, California walnuts are subject the marketing order, and submitted to to assessments. It is intended that the the Department for approval. The [Docket No. FV95±984±2IFR] assessment rate as issued herein will be members of the Board are producers and Walnuts Grown in California; Expenses applicable to all assessable walnuts handlers of California walnuts. They are and Assessment Rate handled during the 1995–96 marketing familiar with the Board’s needs and year, which began August 1, 1995, and with the costs of goods and services in AGENCY: Agricultural Marketing Service, ends July 31, 1996. This interim final their local area and are thus in a USDA. rule will not preempt any State or local position to formulate an appropriate ACTION: Interim final rule with request laws, regulations, or policies, unless budget. The budget was formulated and for comments. they present an irreconcilable conflict discussed in a public meeting. Thus, all with this rule. directly affected persons have had an SUMMARY: This interim final rule The Act provides that administrative opportunity to participate and provide authorizes expenditures and establishes proceedings must be exhausted before input. an assessment rate under Marketing parties may file suit in court. Under The assessment rate recommended by Order No. 984 for the 1995–96 section 608c(15)(A) of the Act, any the Board was derived by dividing marketing year. Authorization of this handler subject to an order may file anticipated expenses by expected budget enables the Walnut Marketing with the Secretary a petition stating that merchantable certifications of California Board (Board) to incur expenses that are the order, any provision of the order, or walnuts. Because that rate will be reasonable and necessary to administer any obligation imposed in connection applied to the actual quantity of the program. Funds to administer this with the order is not in accordance with certified merchantable walnuts, it must program are derived from assessments law and request a modification of the be established at a rate that will provide on handlers. order or to be exempted therefrom. Such sufficient income to pay the Board’s DATES: Effective August 1, 1995, through handler is afforded the opportunity for expenses. July 31, 1996. Comments received by a hearing on the petition. After the The Board met September 8, 1995, November 29, 1995, will be considered hearing the Secretary would rule on the and unanimously recommended a prior to issuance of a final rule. petition. The Act provides that the 1995–96 budget of $2,280,175, $109,403 ADDRESSES: Interested persons are district court of the United States in any more than the previous year. Budget invited to submit written comments district in which the handler is an items for 1995–96 which have increased concerning this action. Comments must inhabitant, or has his or her principal compared to those budgeted for 1994–95 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55179
(in parentheses) are: Field travel and date of this action until 30 days after SUMMARY: This rule terminates all but related expenses, $17,000 ($13,000), publication in the Federal Register certain administrative provisions of the general insurance, $6,800 ($6,400), because: (1) The Board needs to have Paducah, Kentucky, Federal milk social security and hospital insurance sufficient funds to pay its expenses marketing order, effective upon taxes, $9,286 ($8,129), audit, $8,900 which are incurred on a continuous publication in the Federal Register. The ($8,700), group life, retirement, and basis, (2) the marketing year began on remaining provisions will be terminated medical, $45,861 ($44,370), office August 1, 1995, and the marketing order at a later date. The termination is salaries, $41,740 ($40,740), office rent, requires that the rate of assessment for necessary because the terms and $27,168 ($26,419), office supplies and the marketing year apply to all provisions of the order do not effectuate miscellaneous, $20,000 ($15,000), assessable walnuts handled during the the declared policy of the Act. postage, $7,000 ($5,000), furniture, marketing year; (3) handlers are aware EFFECTIVE DATE: November 1, 1995. fixtures, and automobiles, $25,000 of this action which was unanimously FOR FURTHER INFORMATION CONTACT: ($5,000), domestic market research and recommended by the Board at a public Nicholas Memoli, Marketing Specialist, development, $998,000 ($953,000), meeting and similar to other budget USDA/AMS/Dairy Division, Order walnut production research, $718,420 actions issued in past years; and (4) this Formulation Branch, Room 2971, South ($718,302), crop estimate, $67,000 interim final rule provides a 30-day Building, P.O. Box 96456, Washington, ($60,000), and $30,000 for the reserve comment period, and all comments DC 20090–6456, (202) 690–1932. for contingencies, for which no funding timely received will be considered prior SUPPLEMENTARY INFORMATION: was recommended last year. Items to finalization of this action. The which have decreased compared to the Regulatory Flexibility Act (5 U.S.C. List of Subjects in 7 CFR Part 984 amount budgeted for 1994–95 (in 601–612) requires the Agency to parentheses) are: Administrative Marketing agreements, Nuts, examine the impact of a proposed rule salaries, $99,000 ($101,712), and Reporting and recordkeeping on small entities. Pursuant to 5 U.S.C. production research director, $34,000 requirements, Walnuts. 605(b), the Administrator of the ($40,000). All other items are budgeted For the reasons set forth in the Agricultural Marketing Service has at last year’s amounts. preamble, 7 CFR part 984 is amended as certified that this rule will not have a The Board also unanimously follows: significant economic impact on a recommended an assessment rate of substantial number of small entities. $0.0116 per kernelweight pound of PART 984ÐWALNUTS GROWN IN The dairy farmers and regulated merchantable walnuts certified, $0.0005 CALIFORNIA handlers that were subject to the more than the previous year. This rate, Paducah, Kentucky, order are now 1. The authority citation for 7 CFR subject to comparable regulatory when applied to anticipated shipments part 984 continues to read as follows: of 1,980,000 kernelweight pounds of provisions of the order regulating the merchantable walnuts, will yield Authority: 7 U.S.C. 601–674. handling of milk in the adjacent $2,296,800 in assessment income, 2. A new § 984.346 is added to read Southeast marketing area. Accordingly, which will be adequate to cover as follows: the Paducah order is no longer needed. The Department is issuing this rule in budgeted expenses. Unexpended funds Note: This section will not appear in the may be used temporarily during the first Code of Federal Regulations. conformance with Executive Order five months of the subsequent marketing 12866. year, but must be made available to the § 984.346 Expenses and assessment rate. This final rule has been reviewed handlers from whom collected within Expenses of $2,280,175 by the Walnut under Executive Order 12778, Civil that period. Marketing Board are authorized, and an Justice Reform. This rule is not intended While this action will impose some assessment rate of $0.0116 per to have a retroactive effect. This rule additional costs on handlers, the costs kernelweight pound of merchantable will not preempt any state or local laws, are in the form of uniform assessments walnuts is established for the marketing regulations, or policies, unless they on handlers. Some of the additional year ending July 31, 1996. Unexpended present an irreconcilable conflict with costs may be passed on to producers. funds may be used temporarily during this rule. However, these costs will be offset by the first five months of the subsequent The Agricultural Marketing the benefits derived by the operation of marketing year, but must be made Agreement Act of 1937, as amended (7 the marketing order. Therefore, the available to the handlers from whom U.S.C. 601–674), provides that Administrator of the AMS has collected within that period. administrative proceedings must be exhausted before parties may file suit in determined that this action will not Dated: October 23, 1995. court. Under section 608c(15)(A) of the have a significant economic impact on Sharon Bomer Lauritsen, a substantial number of small entities. Act, any handler subject to an order may After consideration of all relevant Deputy Director, Fruit and Vegetable Division. file with the Secretary a petition stating matter presented, including the [FR Doc. 95–26791 Filed 10–27–95; 8:45 am] that the order, any provisions of the information and recommendations BILLING CODE 3410±02±P order, or any obligation imposed in submitted by the Board and other connection with the order is not in available information, it is hereby found accordance with the law and requesting 7 CFR Part 1099 that this rule, as hereinafter set forth, a modification of an order or to be will tend to effectuate the declared [DA±95±27] exempted from the order. A handler is policy of the Act. afforded the opportunity for a hearing Pursuant to 5 U.S.C. 553, it is also Milk in the Paducah, Kentucky, on the petition. After a hearing, the found and determined upon good cause Marketing Area; Termination of Certain Secretary would rule on the petition. that it is impracticable, unnecessary, Provisions of the Order The Act provides that the district court and contrary to the public interest to AGENCY: Agricultural Marketing Service, of the United States in any district in give preliminary notice prior to putting USDA. which the handler is an inhabitant, or this rule into effect and that good cause has its principal place of business, has ACTION: Final rule. exists for not postponing the effective jurisdiction in equity to review the 55180 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
Secretary’s ruling on the petition, Dated: October 23, 1995. 1995. We received one comment by that provided a bill in equity is filed not Shirley R. Watkins, date. The comment is discussed below. later than 20 days after the date of the Acting Assistant Secretary, Marketing and Comment: The prohibition on the entry of the ruling. Regulatory Programs. importation of hedgehogs and tenrecs from countries where FMD exists This order of termination is issued [FR Doc. 95–26792 Filed 10–27–95; 8:45 am] should be expanded to include pursuant to the provisions of the BILLING CODE 3410±02±P hedgehogs and tenrecs from all Agricultural Marketing Agreement Act countries, not just countries with FMD. and of the order regulating the handling Animal and Plant Health Inspection Imported hedgehogs or tenrecs may of milk in the Paducah, Kentucky, Service carry diseases that are contagious to marketing area. humans, such as bovine tuberculosis Statement of Consideration 9 CFR Part 92 and salmonellosis. They can pass on fleas, ticks, mange, and, in the case of [Docket No. 91±071±2] This rule terminates all but certain hedgehogs, five different intestinal administrative provisions of the Importation of Hedgehogs and Tenrecs worms to humans. Also, there is no Paducah, Kentucky, Federal milk United States Department of Agriculture marketing, order (Order 99), effective AGENCY: Animal and Plant Health (USDA) certified vaccine against rabies upon publication in the Federal Inspection Service, USDA. for hedgehogs and tenrecs. Because Register. ACTION: Final rule. there is no documentation that exists proving hedgehogs and tenrecs cannot There currently are no handlers SUMMARY: We are amending the animal carry and transmit rabies, there is a risk regulated under the Paducah, Kentucky, importation regulations to prohibit the that they may pass the rabies virus on order. Turner Dairies, the one handler importation of hedgehogs and tenrecs to humans. that was regulated under Order 99, into the United States from countries There are also problems associated recently became regulated under the affected by foot-and-mouth disease. with importing and keeping wild Southeast order because of its sales into Additionally, we are imposing certain animals, such as hedgehogs and tenrecs, that marketing area. Producers who ship restrictions on the importation of as pets. Inadequate feeding and watering their milk to Turner’s Fulton, Kentucky, hedgehogs and tenrecs into the United during transportation often causes plant now have their milk pooled under States from countries declared free of fatalities in imported animals, and the the adjacent Southeast Federal milk foot-and-mouth disease. These actions stress associated with capture and order. are necessary to prevent the transportation causes susceptibility to Since there are no plants left under introduction of foot-and-mouth disease disease and illness. In the wild, the Paducah, Kentucky, order, the order and other communicable animal hedgehogs and tenrecs are solitary should be terminated because the terms diseases into the United States. insectivores that travel up to a mile per and provisions of the order no longer EFFECTIVE DATE: November 29, 1995. day. However, during importation, hedgehogs and tenrecs are often effectuate the declared policy of the Act. FOR FURTHER INFORMATION CONTACT: Dr. transported with other hedgehogs or For good cause shown, this rule shall Keith Hand, Senior Staff Veterinarian, Import-Export Animals, VS, APHIS, tenrecs in close proximity and are fed be effective on publication. Neither a cat and dog food. In addition, when 4700 River Road Unit 39, Riverdale, MD comment period nor a 30-day effective owners do not properly maintain these 20737–1228, (301) 734–5097. date is provided since no interested animals in a home environment, the party will be affected by this rule. SUPPLEMENTARY INFORMATION: animals can become a hazard to human List of Subjects in 7 CFR Part 1099 Background health, other animals, and the environment. Milk marketing orders. The animal importation regulations in Response: The Animal and Plant 9 CFR part 92 (referred to below as the Health Inspection Service (APHIS) Order regulations) prohibit or restrict the restricts the importation of certain importation of certain animals and birds It is therefore ordered, That the terms animals into the United States to into the United States to prevent the and provisions of the order, as prevent the introduction and introduction of communicable diseases amended, regulating the handling of dissemination of communicable of livestock and poultry. Subpart G of milk in the Paducah, Kentucky, diseases of animals. Published research part 92 prohibits the importation of obtained by APHIS indicates that marketing area (7 CFR Part 1099), except brushtail possums and hedgehogs from certain animals of the order Insectivora, § 1099.1, which incorporates the New Zealand. including the family Erinaceidae General Provisions in Part 1000, are On May 9, 1995, we published in the (hedgehogs), may harbor the FMD virus. hereby terminated, effective upon Federal Register (60 FR 24580–24584, (Copies of this research may be obtained publication in the Federal Register. Docket No. 91–071–1) a proposal to by writing to the individual listed under PART 1099ÐMILK IN THE PADUCAH, amend the regulations to prohibit the FOR FURTHER INFORMATION CONTACT.) KENTUCKY, MARKETING AREA importation of hedgehogs and tenrecs Animals of the family Tenrecidae into the United States from countries (tenrecs), often referred to as the 1. The authority citation for 7 CFR where foot-and-mouth disease (FMD) Madagascar hedgehog, are similar to Part 1099 continues to read as follows: exists and to require that hedgehogs and hedgehogs in appearance and behavior tenrecs from countries declared free of and may also be capable of harboring Authority: 7 U.S.C. 601–674. FMD be inspected and treated for the FMD virus and transmitting it to other animals. Therefore, this rule §§ 1099.2 through 1099.86 [Removed] ectoparasites in the country of origin and that they be inspected upon arrival amends part 92 to prohibit the 2. Sections 1099.2 through 1099.86 in the United States. importation of hedgehogs and tenrecs are removed, effective upon publication We solicited comments concerning into the United States from countries in the Federal Register. our proposal for 60 days ending July 10, where FMD exists to prevent the Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55181 introduction of FMD into the United present a unique risk of infecting figures, we estimate an annual economic States. livestock and poultry. impact on the United States exotic pet Further, research and APHIS’ Furthermore, there is no industry of between $60,000 ($120 × experience with hedgehogs and tenrecs documentation proving that hedgehogs 500) to $288,000 ($360 × 800) due to indicates that these animals present a and tenrecs carry and transmit rabies. reduced sales. This loss in sales significant risk of carrying ectoparasites Consequently, there is no basis for our represents a negligible impact for an such as ticks, mites, and lice. Certain prohibiting the importation of industry with sales that exceeded $300 ticks spread East coast fever, heartwater, hedgehogs and tenrecs because of million during 1990. African swine fever, and other exotic rabies. Under these circumstances, the diseases of livestock. Both hedgehogs We recognize the potential problems Administrator of the Animal and Plant and tenrecs are hosts to the type of ticks associated with keeping hedgehogs and Health Inspection Service has that carry these diseases, which do not tenrecs as pets, including the risk that determined that this action will not exist in the United States. Therefore, these animals could transmit internal have a significant economic impact on this rule also amends part 92 to impose parasites or disease agents to humans. a substantial number of small entities. certain restrictions on the importation of However, our regulations to restrict or Executive Order 12778 hedgehogs and tenrecs from countries prohibit the importation of animals are declared free of FMD, including based on laws that, in general, authorize This rule has been reviewed under requirements for inspection and action to prevent the introduction or Executive Order 12778, Civil Justice treatment for ectoparasites. dissemination of communicable Reform. This rule: (1) Preempts all State Bovine tuberculosis is a serious diseases of animals. and local laws and regulations that are communicable disease of cattle, bison, Therefore, based on the rationale set inconsistent with this rule; (2) has no and other species, including humans, forth in the proposed rule and in this retroactive effect; and (3) does not caused by Mycobacterium bovis. Bovine document, we are adopting the require administrative proceedings tuberculosis (TB) causes weight loss, provisions of the proposal as a final rule before parties may file suit in court general debilitation, and sometimes without change. challenging this rule. death. The disease manifests itself as Executive Order 12866 and Regulatory Paperwork Reduction Act lung disease or draining, nonhealing, Flexibility Act abscesses, or both. It is generally In accordance with the Paperwork transmitted by breathing in respiratory This rule has been reviewed under Reduction Act of 1995 (44 U.S.C. 3501 excretions from infected animals or Executive Order 12866. The rule has et seq.), the information collection or drinking infected milk from infected been determined to be not significant for recordkeeping requirements included in animals. the purposes of Executive Order 12866 this proposed rule have been approved In an interim rule effective on May 31, and, therefore, has not been reviewed by by the Office of Management and 1994, and published in the Federal the Office of Management and Budget. Budget (OMB) under OMB control Register on June 6, 1994 (see 59 FR This document amends the animal numbers 0579–0040 and 0579–0120. import regulations to prohibit the 29186–29187, Docket No. 94–032–1, List of Subjects in 9 CFR Part 92 and the subsequent affirmation of the importation of hedgehogs and tenrecs interim rule at 60 FR 4372, Docket No. from countries affected with FMD. Animal diseases, Imports, Livestock, 94–032–2, published in the Federal Additionally, it requires hedgehogs and Poultry and poultry products, Register on January 23, 1995), we tenrecs from countries that have been Quarantine, Reporting and amended the regulations to prohibit the declared free of FMD to be inspected recordkeeping requirements. importation of brushtail possums and and treated for ectoparasites in the PART 92ÐIMPORTATION OF CERTAIN hedgehogs from New Zealand. New country of origin and to be inspected ANIMALS AND POULTRY AND Zealand reported that TB was endemic upon arrival in the United States. CERTAIN ANIMAL AND POULTRY in the brushtail possum (Trichosurus At present, approximately 3 to 10 PRODUCTS; INSPECTION AND OTHER vulpecula) and that the possums were a small businesses in the United States constant source of disease for the import hedgehogs or tenrecs or both. REQUIREMENTS FOR CERTAIN domestic livestock population in certain These businesses specialize in the MEANS OF CONVEYANCE AND regions. New Zealand also reported that importation of exotic species for the SHIPPING CONTAINERS THEREON TB had been diagnosed in hedgehogs. domestic pet industry. Animal Accordingly, 9 CFR part 92 is There is no recognized test for detecting importers pay less than $75 per head to amended as follows: TB in hedgehogs or brushtail possums. purchase and transport individual 1. The authority citation for part 92 These factors presented an unacceptable hedgehogs and tenrecs to the United continues to read as follows: States. In the present market, adult risk that hedgehogs from New Zealand Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; could carry TB into the United States. hedgehogs and tenrecs sell for an 21 U.S.C. 102–105, 111, 114a, 134a, 134b, However, APHIS does not have the estimated retail range of approximately 134c, 134d, 134f, 135, 136, and 136a; 31 scientific evidence to justify a $120 to $360 each, depending upon age U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d). prohibition on the importation of and species. During 1990, 2. In part 92, subpart G is revised to hedgehogs from all countries based on approximately 500 to 800 hedgehogs read as follows: the possibility that hedgehogs may carry entered the United States from countries TB. affected by FMD. Almost all of the Subpart GÐMiscellaneous Animals APHIS has not identified any cases of hedgehogs imported into the United Sec. Group D salmonella (Salmonella States were imported from Africa. 92.700 Definitions. pullorum, Salmonella gallinarum, and Although we do not have information 92.701 Prohibitions. Salmonella enteritidis), the salmonella regarding the number of tenrecs 92.702 Restrictions. 92.703 Ports designated for importation. that most affect poultry, in hedgehogs imported into the United States in 1990, 92.704 Import permit. and tenrecs. Furthermore, many animals we believe that the number of imported 92.705 Health certificate. can carry salmonella; there is no tenrecs did not exceed the number of 92.706 Notification of arrival. evidence that hedgehogs and tenrecs imported hedgehogs. Based upon those 92.707 Inspection at the port of first arrival. 55182 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
Subpart GÐMiscellaneous Animals import it, except as provided in (c) Application for an import permit. paragraph (b) of this section, only The importer must complete, sign, and § 92.700 Definitions. through the following ports: date the application for an import Wherever in this subpart the (1) Air and ocean ports. Anchorage permit, which must include the following terms are used, unless the and Fairbanks, AK; San Diego and Los following information: context otherwise requires, they shall be Angeles, CA; Denver, CO; Jacksonville, (1) The name and address of the construed, respectively, to mean: Miami, St. Petersburg-Clearwater, and shipper in the country of origin of the Administrator. The Administrator of Tampa, FL; Atlanta, GA; Honolulu, HI; hedgehog or tenrec intended for the Animal and Plant Health Inspection Chicago, IL; New Orleans, LA; Portland, importation into the United States. Service or any other employee of the ME; Baltimore, MD; Boston, MA; (2) The name, address, and telephone Animal and Plant Health Inspection Minneapolis, MN; Great Falls, MT; number of the importer. Service, United States Department of Newburgh, NY; Portland, OR; San Juan, (3) The port of embarkation. Agriculture, delegated to act in the PR; Galveston and Houston, TX; and (4) The country from which the Administrator’s stead. Seattle, Spokane, and Tacoma, WA. hedgehog or tenrec will be shipped to Animal and Plant Health Inspection (2) Canadian border ports. Eastport, the United States. Service. The Animal and Plant Health ID; Houlton and Jackman, ME; Detroit, (5) The mode of transportation. (6) The number, breed, species, and Inspection Service of the United States Port Huron, and Sault Ste. Marie, MI; descriptions of the hedgehogs or tenrecs Department of Agriculture (APHIS). Opheim, Raymond, and Sweetgrass, to be imported. Brushtail possum. Vulpine phalangers MT; Alexandria Bay, Buffalo, and (Trichosurus vulpecula) of the family (7) The purpose of the importation. Champlain, NY; Dunseith, Pembina, and (8) The route of travel, including all Phalangeridae. Portal, ND; Derby Line and Highgate Delivery. The transfer of goods or carrier stops en route. Springs, VT; Blaine, Lynden, Oroville, (9) The proposed shipping and arrival interest in goods from one person to and Sumas, WA. another. dates. (3) Mexican border ports. Douglas, (10) The port of first arrival in the Enter (entry). To introduce into the Naco, Nogales, Sasabe, and San Luis, commerce of the United States after United States. AZ; Calexico and San Ysidro, CA; (11) The name, mailing address, and release from government detention. Antelope Wells, and Columbus, NM; Hedgehog. All members of the family telephone number of the person to and Brownsville, Hidalgo, Laredo, Eagle whom the hedgehog or tenrec will be Erinaceidae. Pass, Del Rio, Presidio, and El Paso, TX. Import (imported, importation). To delivered in the United States. (b) The Secretary of the Treasury has (12) The location of the place where bring into the territorial limits of the approved the designation, as inspection delivery will be made in the United United States. stations, of the ports specified in States. Inspector. An employee of the Animal paragraph (a) of this section. In special (13) Any remarks regarding the and Plant Health Inspection Service cases, the Administrator may designate shipment. authorized to perform duties required other ports as inspection stations in (d) Issuance of an import permit. under this subpart. accordance with this section, with the Upon receipt of the application, APHIS Person. Any individual, corporation, concurrence of the Secretary of the will review the application. If the company, association, firm, partnership, Treasury. hedgehog or tenrec appears to be society, or joint stock company. eligible to be imported into the United Tenrec. All members of the family § 92.704 Import permit. States, APHIS will issue an import Tenrecidae. (a) General requirements. No person permit indicating the applicable United States. All of the States of the may import a hedgehog or tenrec into requirements under this subpart for the United States, the District of Columbia, the United States unless it is importation of the hedgehog or tenrec. Guam, the Northern Mariana Islands, accompanied by an import permit Even though an import permit has been Puerto Rico, the Virgin Islands of the issued by APHIS and is imported into issued for the importation of a hedgehog United States, and all other territories the United States within 30 days after or tenrec, the animal may enter the and possessions of the United States. the proposed date of arrival stated in the United States only if all other applicable § 92.701 Prohibitions. import permit. The importer or his or requirements of this subpart have been her agent must notify the inspector at (a) No person may import a hedgehog met. the port of first arrival of the date of or tenrec into the United States from (Approved by the Office of Management and arrival at least 72 hours before the any country designated in § 94.1 of this Budget under control number 0579–0040) hedgehog or tenrec arrives in the United chapter as a country where foot-and- States. § 92.705 Health certificate. mouth disease exists. (b) No person may import a brushtail (b) Import permit required. Any (a) No person may import a hedgehog possum or hedgehog into the United person who desires to import a or tenrec into the United States unless States from New Zealand. hedgehog or tenrec must complete and it is accompanied by a health certificate submit one copy of an application (VS either issued by a full-time salaried § 92.702 Restrictions. Form 17–129) for an import permit to veterinary officer of the national Hedgehogs and tenrecs not the Import-Export Animals Staff, government of the exporting country or specifically prohibited from being National Center for Import-Export, issued by a veterinarian authorized or imported under § 92.701 may be Veterinary Services, Animal and Plant accredited by the national government imported into the United States only in Health Inspection Service, United States of the exporting country and endorsed accordance with the regulations in this Department of Agriculture, 4700 River by a full-time salaried veterinary officer subpart. Road Unit 39, Riverdale, Maryland of the national government of that 20737–1231. This staff will supply country. The health certificate must § 92.703 Ports designated for importation. application forms for import permits contain the names and street addresses (a) Any person importing a hedgehog upon request. A separate application of the consignor and consignee and or tenrec into the United States may must be prepared for each shipment. must state: Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55183
(1) That the hedgehog or tenrec ectoparasites or demonstrates any PART 110Ð[AMENDED] originated in a country that has been clinical signs of communicable diseases, recognized as free of foot-and-mouth then the entire shipment will be refused 1. The authority citation for Part 110 disease by the USDA; entry. The importer will be given the continues to read as follows: (2) That the hedgehog or tenrec has following options: Authority: Secs. 51, 53, 54, 57, 63, 64, 65, never been in a country where foot-and- (1) Remove the shipment from the 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, mouth disease exists; United States; or 161, 181, 182, 183, 187, 189, 68 Stat. 929, (3) That the hedgehog or tenrec has 930, 931, 932, 933, 936, 937, 948, 953, 954, (2) Release the shipment to the U.S. 955, 956, as amended (42 U.S.C. 2071, 2073, not been commingled with any other Department of Agriculture. The 2074, 2077, 2092–2095, 2111, 2112, 2133, hedgehog or tenrec that originated in or Administrator will destroy or otherwise 2134, 2139, 2139a, 2141, 2154–2158, 2201, has ever been in a country where foot- dispose of the shipment as necessary to 2231–2233, 2237, 2239); sec. 201, 88 Stat. and-mouth disease exists; prevent the possible introduction into 1242, as amended (42 U.S.C. 5841); sec. 5, (4) That the hedgehog or tenrec was the United States of communicable Pub. L. 101–575, 104 Stat. 2835 (42 U.S.C. inspected by the individual issuing the animal diseases. 2243). health certificate and was found free of Sections 110.1(b)(2) and 110.1(b)(3) also Done in Washington, DC, this 24th day of any ectoparasites not more than 72 issued under Pub. L. 96–92, 93 Stat. 710 (22 October 1995. U.S.C. 2403). Section 110.11 also issued hours before being loaded on the means Lonnie J. King, under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) of conveyance which transported the and secs. 54c and 57d, 88 Stat. 473, 475 (42 animal to the United States; Administrator, Animal and Plant Health Inspection Service. U.S.C. 2074). Section 110.27 also issued (5) That all body surfaces of the under sec. 309(a), Pub. L. 99–440. Section hedgehog or tenrec were treated for [FR Doc. 95–26871 Filed 10–27–95; 8:45 am] 110.50(b)(3) also issued under sec. 123, 92 ectoparasites under the supervision of BILLING CODE 3410±34±P Stat. 142 (42 U.S.C. 2153). Section 110.51 the veterinarian issuing the health also issued under sec. 184, 68 Stat. 954, as certificate at least 3 days but not more amended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 than 14 days before being loaded on the NUCLEAR REGULATORY U.S.C. 2236). Sections 110.80–110.113 also means of conveyance that transported COMMISSION issued under 5 U.S.C. 552, 554. Sections the animal to the United States; 110.130–110.135 also issued under 5 U.S.C. (6) That the pesticide and the 10 CFR Part 110 553. Sections 110.2 and 110.42(a)(9) also concentration used would kill the types issued under sec. 903, Pub. L. 102–496 (42 of ectoparasites that may infest the U.S.C. 2151 et seq.). RIN 3150±AD36 animal to be imported; 2. In § 110.82, paragraph (b)(3) is (7) That the hedgehog or tenrec, after Import and Export of Radioactive revised to read as follows: being treated for ectoparasites in Waste: Correction accordance with paragraphs (a)(5) and § 110.82 Hearing request or intervention petition. (a)(6) of this section, had physical AGENCY: Nuclear Regulatory contact only with, or shared a pen or Commission. * * * * * (b) * * * bedding materials only with, treated ACTION: Final rule: correction. hedgehogs or tenrecs in the same (3) Explain why a hearing or an shipment to the United States; and SUMMARY: In the Federal Register on intervention would be in the public (8) The name and concentration of the July 21, 1995 (60 FR 37556), the Nuclear interest and how a hearing or pesticide used to treat the hedgehog or Regulatory Commission (NRC) issued a intervention would assist the tenrec. final rule to establish specific licensing Commission in making the (b) [Reserved] requirements for the import and export determinations required by § 110.45. (Approved by the Office of Management and of radioactive waste and to clarify other * * * * * Budget under control number 0579–0040) import and export requirements. As part Dated at Rockville, MD this 19th day of of the final rule, certain sections of October 1995. § 92.706 Notification of arrival. NRC’s export regulations were For the Nuclear Regulatory Commission. Upon the arrival of a hedgehog or redesignated. However, in § 110.82, the James M. Taylor, tenrec at the port of first arrival in the amendment necessary to change a Executive Director for Operations. United States, the importer or his or her reference to reflect a redesignated [FR Doc. 95–26805 Filed 10–27–95; 8:45 am] agent must present the import permits section was inadvertently omitted. As a BILLING CODE 7590±01±P and health certificates required by this result, § 110.82 now contains an subpart to the collector of customs for erroneous reference. This action is the use of the inspector at that port. necessary to correct this inconsistent FEDERAL RESERVE SYSTEM reference and does not result in any § 92.707 Inspection at the port of first arrival. substantive change. 12 CFR Parts 207, 220, 221 and 224 (a) A hedgehog or tenrec from any EFFECTIVE DATE: August 21, 1995. [Regulations G, T, U and X] part of the world must be inspected by FOR FURTHER INFORMATION CONTACT: an APHIS inspector at the port of first Ronald Hauber, Office of International Securities Credit Transactions; List of arrival. Subject to the other provisions Programs, U.S. Nuclear Regulatory Marginable OTC Stocks; List of in this subpart, a shipment of hedgehogs Commission, Washington, DC 20555– Foreign Margin Stocks or tenrecs may enter the United States 0001, Telephone (301) 415–2344. AGENCY: Board of Governors of the only if each hedgehog or tenrec in the List of Subjects in 10 CFR Part 110 Federal Reserve System. shipment is found free of ectoparasites ACTION: Administrative practice and Final rule; determination of and any clinical signs of communicable applicability of regulations. diseases. procedure, Exports, Imports. (b) If any hedgehog or tenrec in a Accordingly, 10 CFR Part 110 is SUMMARY: The List of Marginable OTC shipment is found to be infested with amended as follows: Stocks (OTC List) is composed of stocks 55184 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations traded over-the-counter (OTC) in the 1995. The Foreign List includes those 221.2(j) and 221.7 (Regulation U), there United States that have been determined foreign securities that meet the criteria is set forth below a listing of deletions by the Board of Governors of the Federal in section 220.17 of Regulation T and from and additions to the OTC List and Reserve System to be subject to the are eligible for margin treatment at the Foreign List. margin requirements under certain broker-dealers on the same basis as Deletions From the List of Marginable OTC Federal Reserve regulations. The List of domestic margin securities. A copy of Stocks Foreign Margin Stocks (Foreign List) is the complete Foreign List is available composed of foreign equity securities from the Federal Reserve Banks. Stocks Removed for Failing Continued Listing that have met the Board’s eligibility Requirements Public Comment and Deferred Effective criteria under Regulation T. The OTC 3CI COMPLETE COMPLIANCE CORP. Date List and the Foreign List are published $.01 par common The requirements of 5 U.S.C. 553 with ACMAT CORPORATION four times a year by the Board. This No par common document sets forth additions to and respect to notice and public AMBER’S STORES, INC. deletions from the previous OTC List participation were not followed in $.01 par common and Foreign List. connection with the issuance of this ARISTOTLE CORPORATION, THE EFFECTIVE DATE: November 13, 1995. amendment due to the objective $1.00 par common ARYT INDUSTRIES LTD. FOR FURTHER INFORMATION CONTACT: character of the criteria for inclusion Ordinary Shares Peggy Wolffrum, Securities Regulation and continued inclusion on the Lists specified in 12 CFR 207.6 (a) and (b), ATLANTIC BEVERAGE COMPANY, INC. Analyst, Division of Banking $.01 par common Supervision and Regulation, (202) 452– 220.17 (a), (b), (c) and (d), and 221.7 (a) AURTEX, INC. 2781, Board of Governors of the Federal and (b). No additional useful $.001 par common Reserve System, Washington, DC 20551. information would be gained by public B.U.M. INTERNATIONAL, INC. For the hearing impaired only, contact participation. The full requirements of 5 $.02 par common Dorothea Thompson, U.S.C. 553 with respect to deferred BASE TEN SYSTEMS, INC. effective date have not been followed in Class B, $1.00 par common Telecommunications Device for the Deaf BIRD MEDICAL TECHNOLOGIES, INC. (TDD) at (202) 452–3544. connection with the issuance of this amendment because the Board finds $.01 par common SUPPLEMENTARY INFORMATION: Listed BOLLINGER INDUSTRIES, INC. that it is in the public interest to below are additions to and deletions $.01 par common facilitate investment and credit from the OTC List, which was last CHAMPION PARTS, INC. decisions based in whole or in part published on July 31, 1995 (60 FR $.10 par common upon the composition of these Lists as CONSOLIDATED TECHNOLOGY GROUP 38948), and became effective August 14, soon as possible. The Board has $.01 par common 1995. A copy of the complete OTC List responded to a request by the public ENVIROPUR WASTE REFINING & is available from the Federal Reserve and allowed approximately a two-week TECHNOLOGY, INC. Banks. Class B, warrants (expire 12–31–95) The OTC List includes those stocks delay before the Lists are effective. FORSTMANN & COMPANY, INC. that meet the criteria in Regulations G, List of Subjects $.001 par common T and U (12 CFR Parts 207, 220 and 221, FRETTER, INC. respectively). This determination also 12 CFR Part 207 $.01 par common affects the applicability of Regulation X GREAT AMERICAN RECREATION, INC. Banks, Banking, Credit, Margin, $.01 par common (12 CFR Part 224). These stocks have the Margin requirements, National Market HEALTHCARE IMAGING SERVICES, INC. degree of national investor interest, the System (NMS Security), Reporting and Warrants (expire 11–12–96) depth and breadth of market, and the recordkeeping requirements, Securities. HOME THEATER PRODUCTS availability of information respecting INTERNATIONAL, INC. 12 CFR Part 220 the stock and its issuer to warrant No par common regulation in the same fashion as Banks, Banking, Brokers, Credit, INTERFERON SCIENCES, INC. exchange-traded securities. The OTC Margin, Margin requirements, $.01 par common List also includes any OTC stock Investments, National Market System INTERFILM, INC. $.01 par common designated for trading in the national (NMS Security), Reporting and INTERMETRICS, INC. market system (NMS security) under recordkeeping requirements, Securities. $.01 par common rules approved by the Securities and 12 CFR Part 221 INTERNATIONAL FAST FOOD CORP. Exchange Commission (SEC). $.01 par common Additional OTC stocks may be Banks, Banking, Credit, Margin, LEASING EDGE CORPORATION designated as NMS securities in the Margin requirements, National Market $.01 par common interim between the Board’s quarterly System (NMS Security), Reporting and LEP GROUP PLC publications. They will become recordkeeping requirements, Securities. American Depositary Receipts LIDA INC. automatically marginable upon the 12 CFR Part 224 Class A, $.01 par common effective date of their NMS designation. N–VIRO INTERNATIONAL CORP. The names of these stocks are available Banks, Banking, Borrowers, Credit, $.01 par common at the SEC and at the National Margin, Margin requirements, Reporting OSHAP TECHNOLOGIES LTD. Association of Securities Dealers, Inc. and recordkeeping requirements, Rights and will be incorporated into the Securities. PATTERSON ENERGY INC. Board’s next quarterly publication of the Accordingly, pursuant to the Warrants (expire 11–02–95) OTC List. authority of sections 7 and 23 of the PDK LABS, INC. Also listed below is the one addition Securities Exchange Act of 1934, as Class B, warrants (expire 04–14–97) PHYSICIANS CLINICAL LABORATORY to and one deletion from the Board’s amended (15 U.S.C. 78g and 78w), and $.01 par common Foreign List, which was last published in accordance with 12 CFR 207.2(k) and REDWOOD TRUST, INC. on July 31, 1995 (60 FR 38948), and 207.6 (Regulation G), 12 CFR 220.2(u) Warrants (expire 12–31–97) which became effective August 14, and 220.17 (Regulation T), and 12 CFR SCI SYSTEMS, INC. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55185
55⁄8% convertible subordinated debentures $.01 par common Depositary Shares SDNB FINANCIAL CORPORATION INSIGNIA FINANCIAL GROUP, INC. AHI HEALTHCARE SYSTEMS, INC. Rights Class A, $.01 par common $.01 par common SHUFFLE MASTER, INC. INTEGRACARE INC. AIRWAYS CORPORATION Warrants (expire 01–20–98) $.001 par common $.01 par common SOFTKEY INTERNATIONAL, INC. LAZER–TRON CORPORATION ALIGN–RITE INTERNATIONAL, INC. Warrants (expire 03–26–96) No par common $.01 par common SOMANETICS CORPORATION LIN BROADCASTING CORPORATION ALLIED CAPITAL ADVISERS, INC. $.01 par common $.01 par common $.001 par common Class B, warrants MARSAM PHARMACEUTICALS, INC. AMBASSADORS INTERNATIONAL, INC. SPORTSTOWN, INC. $.01 par common $.01 par common $.01 par common MEDICAL DIAGNOSTICS, INC. AMERICAN COIN MERCHANDISING, INC. STAODYN, INC. $.01 par common $.01 par common $.01 par common MEDRAD, INC. AMTECH SYSTEMS, INC. Series II, warrants (expire 11–01–99) $.10 par common $.01 par common STRATOSPHERE CORPORATION MILWAUKEE INSURANCE GROUP, INC. AMTRUST CAPITAL CORPORATION Warrants (expire 02–22–99) $.01 par common $.01 par common TELIOS PHARMACEUTICALS, INC. MULTICARE COMPANIES, INC. ANGEION CORPORATION No par common $.01 par common $.01 par common TIGER DIRECT, INC. NATIONAL AUTO CREDIT, INC. Warrants (03–12–96) $.001 par common $.05 par common ANICOM, INC. USDATA CORPORATION NATIONAL GYPSUM COMPANY $.001 par common Rights $.01 par common APAC TELESERVICES, INC. VIDEO UPDATE, INC. Warrants (expire 07–01–2000) $.01 par common Class A, warrants (expire 07–20–99) NATIONWIDE CELLULAR SERVICE, INC. ARIELY ADVERTISING, LIMITED WINNERS ENTERTAINMENTS, INC. $.01 par common Ordinary Shares $.00001 par common ONECOMM CORPORATION ARV ASSISTED LIVING, INC. YES CLOTHING COMPANY $.001 par common No par common No par common PACIFIC TELECOM, INC. ASTEA INTERNATIONAL, INC. No par common Stocks Removed for Listing on a National $.01 par common PREFERRED ENTERTAINMENT, INC. ATC ENVIRONMENTAL INC. Securities Exchange or Being Involved in an $.01 par common Class C, warrants (expire 09–30–96) Acquisition PSB HOLDINGS CORPORATION ATLAS AIR, INC. ACS ENTERPRISES, INC. $.01 par common $.01 par common $.05 par common PULSE ENGINEERING, INC. BANK OF COMMERCE (California) ADVANCE CIRCUITS, INC. Class A, $.01 par common No par common $.10 par common PURITAN-BENNETT CORPORATION BOYDS WHEELS, INC. ALAMO GROUP, INC. $1.00 par common No par common $.10 par common PUTNAM TRUST COMPANY OF CAPITAL BANCORP (Florida) ALTAI, INC. GREENWICH $1.00 par common No par common No par common CARBIDE/GRAPHITE GROUP, INC., THE AMERICAN MEDICAL ELECTRONICS RANDOM ACCESS, INC. No par common $.001 par common $.01 par common AMERICAN MOBILE SYSTEMS, INC. SABER SOFTWARE CORPORATION CHALLENGER INTERNATIONAL LIMITED $.01 par common $.01 par common Ordinary Shares AUTOFINANCE GROUP, INC. SUPER RITE CORPORATION CHECKFREE CORPORATION No par common No par common $.01 par common AUTOMOTIVE INDUSTRIES HOLDING TRINZIC CORPORATION COMMUNITY BANK SHARES OF INDIANA, Class A, $.01 par common $.01 par common INC. BINDLEY WESTERN INDUSTRIES, INC. TRUCK COMPONENTS, INC. $.10 par common $.50 par common $.01 par common COMMUNITY CARE OF AMERICA, INC. BRUNO’S, INC. U.S. TRUST CORPORATION $.01 par common $.01 par common $.001 par common COMMUNITY INVESTORS BANCORP, INC. CABOT MEDICAL CORPORATION UNITED FINANCIAL CORPORATION OF $.01 par common No par common SOUTH CAROLINA COMMUNITY MEDICAL TRANSPORT, INC. CLINICOM INCORPORATED $1.00 par common $.001 par common $.001 par common USA MOBILE COMMUNICATIONS Warrants (expire 10–03–99) COMMERCIAL FEDERAL CORPORATION HOLDINGS, INC. COMPUTATIONAL SYSTEMS, INC. $.01 par common $.01 par common No par common COOPER CAMERON CORPORATION VERIFONE, INC. COMPUTER MANAGEMENT SCIENCES, $.01 par common $.01 par common INC. DESIGNATRONICS INCORPORATED VIAGENE, INC. $.01 par common $.04 par common $.001 par common COMPUTRON SOFTWARE, INC. E–Z–EM, INC. $.01 par common $.10 par common Additions to the List of Marginable OTC CORE LABORATORIES, N.V. Class B, $.10 par common Stocks Ordinary shares (NIS .03) EASTEX ENERGY, INC. ACCOM, INC. CROWN VANTAGE, INC. $.01 par common $.001 par common No par common FALLS FINANCIAL, INC. ACROSS DATA SYSTEMS, INC. CUTTER & BUCK, INC. $.01 par common $.01 par common No par common FUTURE NOW, INC., THE ADAPTIVE SOLUTIONS, INC. CYBEX CORPORATION No par common No par common $.001 par common GATEWAY BANCORP, INC. ADE CORPORATION DAMEN FINANCIAL CORPORATION $.50 par common $.01 par common $.01 par common GENETIC THERAPY, INC. ADVANCED NMR SYSTEMS, INC. DATA DOCUMENTS INCORPORATED $.01 par common Warrants (expire 08–30–2000) $.01 par common IG LABORATORIES, INC. ADVANTA CORP. DEPOTECH CORPORATION 55186 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
No par common No par common $.0005 par common DESERT COMMUNITY BANK (California) INTEGRA LIFESCIENCES CORPORATION NORTECH SYSTEMS, INCORPORATED No par common $.01 par common $.01 par common DESKTOP DATA, INC. INTEGRATED MEASUREMENT SYSTEMS, NUR ADVANCED TECHNOLOGIES, $.01 par common INC. LIMITED DESTRON FEARING CORPORATION $.01 par common Ordinary Shares $.01 par common INTEK DIVERSIFIED CORPORATION OAK HILL FINANCIAL, INC. DLB OIL & GAS, INC. $.01 par common No par common $.01 par common INTERLINK ELECTRONICS ON TECHNOLOGY CORPORATION EASTBAY, INC. Warrants (expire 06–07–96) $.01 par common $.01 par common INTERNATIONAL METALS ACQUISITION ORION NETWORK SYSTEMS, INC. ELANTEC SEMICONDUCTOR, INC. CORPORATION $.01 par common $.01 par common $.001 par common OWEN HEALTHCARE, INC. ENERGY CONVERSION DEVICES, INC. Warrants (expire 08–13–2000) No par common $.01 par common JAYHAWK ACCEPTANCE CORPORATION PALM HARBOR HOMES, INC. EQUITABLE FEDERAL SAVINGS BANK $.01 par common $.01 par common (Maryland) KASH N KARRY FOOD STORES, INC. PANAMSAT CORPORATION $.01 par common $.01 par common $.01 par common ERIE INDEMNITY COMPANY KLAMATH FIRST BANCORP, INC. PDT, INC. $.087 par common $1.00 par common $.01 par common ESS TECHNOLOGY, INC. KTI, INC. PEDIATRIX MEDICAL GROUP, INC. No par common No par common $.01 par common EUPHONIX, INC. L.L. KNICKERBOCKER COMPANY PERCON ACQUISITION, INC. $.001 par common No par common No par common FALCON DRILLING COMPANY, INC. Warrants (expire 01–24–97) PERPETUAL STATE BANK (North Carolina) $.01 par common LIHIR GOLD LIMITED $5.00 par common FIRST DYNASTY MINES LIMITED American Depositary Shares PERRY COUNTY FINANCIAL No par common LIVENT, INC. CORPORATION FIRST INVESTORS FINANCIAL SERVICES No par common $.01 par common GROUP, INC. LM ERICSSON TELEPHONE COMPANY PET PRACTICE, INC., THE $.001 par common Rights $.01 par common FORCENERGY GAS EXPLORATION, INC. LOGAN’S ROADHOUSE, INC. PLASMA & MATERIALS TECHNOLOGIES, $.01 par common $.01 par common INC. FP BANCORP, INC. LOGIC WORKS, INC. No par common No par common $.01 par common POCAHONTAS FEDERAL SAVINGS AND FRANKLIN BANCORPORATION, INC. MACKIE DESIGNS, INC. LOAN ASSOCIATION (Arkansas) $.10 par common No par common GADZOOKS, INC. MAIL-WELL, INC. $.10 par common $.01 par common $.01 par common PRECISION SYSTEMS, INC. GEMSTAR INTERNATIONAL GROUP, LTD. MEADOW VALLEY CORPORATION $.01 par common Ordinary Shares $.001 par common PREMENOS TECHNOLOGY CORPORATION GENERAL SCANNING, INC. Warrants (expire 10–17–2000) $.01 par common $.01 par common MECKLERMEDIA CORPORATION PRESTIGE FINANCIAL CORPORATION GRAND UNION COMPANY, THE $.01 par common $.01 par common $1.00 par common MICROTEL FRANCHISE AND PRO-FAC COOPERATIVE, INC. GREATER DELAWARE VALLEY SAVINGS DEVELOPMENT CORPORATION Class A, $1.00 par cumulative preferred BANK $.001 par common PURE SOFTWARE, INC. $.01 par common MICROWAVE POWER DEVICES, INC. $.0001 par common GSE SYSTEMS, INC. $.01 par common QUESTECH, INC. $.01 par common MINIMED, INC. $.05 par common GT BICYCLES, INC. $.01 par common RAMTRON INTERNATIONAL $.001 par common MIZAR, INC. CORPORATION HARBINGER CORPORATION $.01 par common Series C, $.01 par convertible preferred $.0001 par common MOOVIES, INC. REDHOOK ALE BREWERY, INC. HARRODSBURG FIRST FINANCIAL $.001 par common $.005 par common BANCORP, INC. MS FINANCIAL, INC. REDWOOD TRUST, INC. $.10 par common $.001 par common $.01 par common HDS NETWORK SYSTEMS, INC. MSB FINANCIAL, INC. RENAISSANCE ENTERTAINMENT $.001 par common $.01 par common CORPORATION Warrants (expire 03–25–2000) MYRIAD GENETICS, INC. $.03 par common HOLMES PROTECTION GROUP, INC. $.01 par common Class A, warrants (expire 01–27–2000) $.01 par common NATIONAL ENERGY GROUP, INC. Class B, warrants (expire 01–27–2000) HPR, INC. Class A, $.01 par common RENAISSANCERE HOLDINGS, LTD. $.01 par common NEORX CORPORATION $1.00 par common IATROS HEALTH NETWORK, INC. Warrants (expire 04–25–98) RISK CAPITAL HOLDINGS, INC. $.001 par common NETSCAPE COMMUNICATIONS $.01 par common INDENET, INC. CORPORATION ROMAC INTERNATIONAL, INC. Class B, warrants (expire 08–31–98) $.0001 par common $.01 par common INDIANA COMMUNITY BANK, SB NETSTAR, INC. ROSE’S STORES, INC. No par common $.01 par common Warrants (expire 04–28–2002) INDUSTRIAL BANCORP, INC. NEW USTC HOLDINGS CORPORATION SCP POOL CORPORATION No par common $1.00 par common $.001 par common INFOSAFE SYSTEMS, INC. NEWSCOPE RESOURCES, LIMITED SENECA FOODS CORPORATION Class A, $.01 par common No par common Class B, $.25 par common INLAND CASINO CORPORATION NHP INCORPORATED SEQUANA THERAPEUTICS, INC. $.01 par common $.01 par common $.001 par common INSTANT PUBLISHER, INC., THE NORLAND MEDICAL SYSTEMS, INC. SIMWARE, INC. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55187
No par common $.01 par common horizontal stabilizer from the airplane SMARTFLEX SYSTEMS, INC. WALTER INDUSTRIES, INC. caused by a cracked attachment fitting, $.0025 par common $.01 par common and subsequent loss of control of the SMITH MICRO SOFTWARE, INC. WFS FINANCIAL, INC. airplane. $.001 par common No par common SONUS PHARMACEUTICALS, INC. WORLD AIRWAYS, INC. DATES: Effective December 27, 1995. $.001 par common $.01 par common The incorporation by reference of SOUTHWEST BANCORP, INC. (Oklahoma) XETA CORPORATION certain publications listed in the Series A, redeemable, cumulative preferred $.10 par common regulations is approved by the Director SPEEDFAM INTERNATIONAL, INC. ZYCON CORPORATION of the Federal Register as of December No par common $.001 par common STATEWIDE FINANCIAL CORPORATION 27, 1995. No par common Deletion From the List of Foreign Margin ADDRESSES: Service information that STERLING HEALTHCARE GROUP, INC. Stocks applies to this AD may be obtained from $.0001 par common ROTHMANS INTERNATIONAL PLC de Havilland, Inc., 123 Garratt STEVEN MADDEN, LTD. Class B, ordinary shares par value 6.25 p Boulevard, Downsview, Ontario, $.001 par common SUMMIT MEDICAL SYSTEMS, INC. Addition to the List of Foreign Margin Canada, M3K 1Y5. This information $.01 par common Stocks may also be examined at the Federal SUNSTONE HOTEL INVESTORS, INC. EASTERN GROUP PLC Aviation Administration (FAA), Central $.01 par common Ordinary Shares, par value 50 p Region, Office of the Assistant Chief TAPPAN ZEE FINANCIAL, INC. By order of the Board of Governors of the Counsel, Attention: Rules Docket 93– $.01 par common Federal Reserve System, acting by its Director CE–51–AD, Room 1558, 601 E. 12th TARRANT APPAREL GROUP of the Division of Banking Supervision and Street, Kansas City, Missouri 64106; or $.01 par common Regulation pursuant to delegated authority at the Office of the Federal Register, 800 TECHNICAL CHEMICALS AND PRODUCTS, (12 CFR 265.7(f)(10)), October 24, 1995. North Capitol Street, NW., suite 700, INC. William W. Wiles, $.001 par common Washington, DC. TEL-SAVE HOLDINGS, INC. Secretary of the Board. FOR FURTHER INFORMATION CONTACT: Jon $.01 par common [FR Doc. 95–26865 Filed 10–27–95; 8:45 am] Hjelm, Aerospace Engineer, FAA, New TELCOM SEMICONDUCTOR, INC. BILLING CODE 6210±01±P York Aircraft Certification Office, 10 $.001 par common Fifth Street, 3rd Floor, Valley Stream, TELE-COMMUNICATIONS, INC. New York 11581; telephone (516) 256– Series B, Liberty Media Group ($1.00 par DEPARTMENT OF TRANSPORTATION common) 7523; facsimile (516) 568–2716. SUPPLEMENTARY INFORMATION: A TESMA INTERNATIONAL, INC. Federal Aviation Administration Class A, no par subordinate voting shares proposal to amend part 39 of the Federal TOUCHSTONE SOFTWARE CORPORATION 14 CFR Part 39 Aviation Regulations (14 CFR part 39) to $.001 par common include an AD that would apply to TRANSCOR WASTE SERVICES, INC. [Docket No. 93±CE±51±AD; Amendment 39± certain de Havilland DHC–6 series $.001 par common 9415; AD 95±22±07] airplanes was published in the Federal TRANSPORT HOLDINGS, INC. Register on November 23, 1994 (59 FR Class A, $.01 par common Airworthiness Directives; de Havilland 60337). The action proposed to TRENTON SAVINGS BANK, FSB DHC±6 Series Airplanes $.01 par common supersede both AD 83–26–05 and AD TRIDEX CORPORATION AGENCY: Federal Aviation 86–15–08 with a new AD that would No par common Administration, DOT. require repetitively inspecting the TST/IMPRESO, INC. ACTION: Final rule. horizontal stabilizer attachment fittings $.01 par common for cracks; and, if a cracked fitting is U.S. BRIDGE OF NEW YORK, INC. SUMMARY: This amendment supersedes found, replacing with a serviceable $.001 par common fitting, part number (P/N) C6TPM1049– Warrants (expire 06–22–2000) Airworthiness Directive (AD) 83–26–05 U.S. DIAGNOSTIC LABS, INC. and AD 86–15–08, which currently 27 (forward fitting) or C6TPM1050–27 Class A, $.01 par common require repetitively inspecting the (rear fitting), and incorporating Class A, warrants (expire 10–14–99) horizontal stabilizer attachment fittings Modifications 6/1890, 6/1891, and 6/ Class B, warrants (expire 10–14–99) for cracks or looseness on certain de 1892. The proposed action would also UNICOMP, INC. Havilland DHC–6 series airplanes, and, require the eventual incorporation of the $.01 par common if a cracked or loose part is found, above-referenced modifications for UNION ACCEPTANCE CORPORATION modifying the horizontal stabilizer. This airplanes that have Modifications 6/ No par common action retains the repetitive inspection 1808 and 6/1809 incorporated. UNISON SOFTWARE, INC. Accomplishment of the proposed $.001 par common requirement of the existing AD’s, UNITED DENTAL CARE, INC. requires incorporating an improved inspections would be in accordance $.10 par common modification for airplanes with a certain with de Havilland Service Bulletin (SB) UNIVERSAL STAINLESS & ALLOY modification design as terminating No. 6/438, Revision D, dated March 28, PRODUCTS, INC. action for the repetitive inspections, and 1986. Accomplishment of the proposed $.001 par common making these inspection-terminating modifications would be in accordance USA DETERGENTS, INC. modifications optional for other affected with de Havilland SB 6/513, dated $.01 par common airplanes. Reports of loose horizontal October 25, 1991. VANTIVE CORPORATION, THE stabilizer attachment fittings on Interested persons have been afforded $.001 par common VERITY, INC. airplanes incorporating the inspection- an opportunity to participate in the $.001 par common terminating modifications required by making of this amendment. No VODAVI TECHNOLOGY, INC. AD 83–26–05 prompted this action. The comments were received on the $.001 par common actions specified by this AD are proposed rule or the FAA’s WALNUT FINANCIAL SERVICES, INC. intended to prevent separation of the determination of the cost to the public. 55188 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
After careful review of all available of it may be obtained by contacting the AD or 800 hours TIS after the last inspection information related to the subject Rules Docket at the location provided required by superseded AD 83–26–05, presented above, the FAA has under the caption ADDRESSES. whichever occurs later, and thereafter at determined that air safety and the intervals not to exceed 800 hours TIS, inspect List of Subjects in 14 CFR Part 39 the horizontal stabilizer forward and rear public interest require the adoption of Air transportation, Aircraft, Aviation attachment fittings for cracks in accordance the rule as proposed except for minor with de Havilland SB No. 6/438, Revision D, editorial corrections. The FAA has safety, Incorporation by reference, dated March 28, 1986. determined that these minor corrections Safety. (2) If any cracks are found, prior to further will not change the meaning of the AD Adoption of the Amendment flight, replace the cracked fitting with a and will not add any additional burden serviceable fitting, part number (P/N) upon the public than was already Accordingly, pursuant to the C6TPM1049–27 (forward fitting) or P/N proposed. authority delegated to me by the C6TPM1050–27 (rear fitting), and incorporate The FAA estimates that 169 airplanes Administrator, the Federal Aviation Modifications 6/1890, 6/1891, and 6/1892 at in the U.S. registry will be affected by Administration amends part 39 of the each replacement fitting location in accordance with and as specified in de this AD, that it will take approximately Federal Aviation Regulations (14 CFR part 39) as follows: Havilland SB No. 6/513, dated October 25, 1 workhour per airplane to accomplish 1991. Accomplishing these modifications the required inspection, that it will take PART 39ÐAIRWORTHINESS terminates the repetitive inspection approximately 10 workhours to requirement of this AD. accomplish the modification for those DIRECTIVES (b) For airplanes that have Modifications 6/ airplanes having Modifications 6/1808 1. The authority citation for part 39 1808 and 6/1809 incorporated, accomplish and 6/1809 incorporated, and that the continues to read as follows: the following: average labor rate is $60 per hour. The (1) Within the next 400 hours TIS after the Authority: 49 USC 106(g), 40101, 40113, FAA has no way of knowing how many effective date of this AD, and thereafter at 44701. intervals not to exceed 800 hours TIS until airplanes have incorporated these the modifications required by paragraph modifications. In estimating the total § 39.13 [Amended] (b)(3) of this AD are incorporated, inspect the cost impact of this AD on U.S. 2. Section 39.13 is amended by rivets attaching the fittings to the horizontal operators, the FAA is only using the removing Airworthiness Directive (AD) stabilizer forward and rear spars for inspection criteria (1 workhour). With 83–26–05, Amendment 39–4793, and looseness in accordance with the III. this in mind and based on those figures AD 86–15–08, Amendment 39–5362, ACCOMPLISHMENT INSTRUCTIONS A. above, the total cost impact of this AD and by adding a new AD to read as INSPECTION section of de Havilland SB No. 6/513, dated October 25, 1991. upon U.S. operators of the affected follows: airplanes is estimated to be $10,140. (2) If rivets are found loose, prior to further 95–22–07 De Havilland: Amendment 39– flight, incorporate Modifications 6/1890, 6/ This figure only includes the cost for the 9415; Docket No. 93–CE–51–AD. 1891, and 6/1892 in accordance with the initial inspection and does not include Applicability: Models DHC–6–1, DHC–6– ACCOMPLISHMENT INSTRUCTIONS replacement costs if an attachment 100, DHC–6–200, and DHC–6–300 airplanes section of de Havilland SB No. 6/513, dated fitting is found cracked and does not (serial numbers 3 through 820), certificated October 25, 1991. include repetitive inspection costs. The in any category, that do not have (3) Within the next 2,400 hours TIS after FAA has no way of determining how Modifications 6/1890, 6/1891, and 6/1892 the effective date of this AD, unless already many horizontal stabilizer attachment incorporated on all four horizontal stabilizer accomplished as required by paragraph (b)(2) fittings may be cracked or how many fittings in accordance with the of this AD, incorporate Modifications 6/1890, repetitive inspections each owner/ ACCOMPLISHMENT INSTRUCTIONS 6/1891, and 6/1892 on all four horizontal stabilizer fittings in accordance with the operator may incur over the life of the section of de Havilland Service Bulletin (SB) No. 6/513, dated October 25, 1991. ACCOMPLISHMENT INSTRUCTIONS airplane. Note 1: This AD applies to each airplane section of de Havilland SB No. 6/513, dated The regulations adopted herein will October 25, 1991. not have substantial direct effects on the identified in the preceding applicability provision, regardless of whether it has been (c) Incorporating Modifications 6/1890, 6/ States, on the relationship between the modified, altered, or repaired in the area 1891, and 6/1892 on all four horizontal national government and the States, or subject to the requirements of this AD. For stabilizer fittings in accordance with the on the distribution of power and airplanes that have been modified, altered, or ACCOMPLISHMENT INSTRUCTIONS responsibilities among the various repaired so that the performance of the section of de Havilland SB No. 6/513, dated levels of government. Therefore, in requirements of this AD is affected, the October 25, 1991, is considered terminating accordance with Executive Order 12612, owner/operator must request approval for an action for the repetitive inspection it is determined that this final rule does alternative method of compliance in requirements of this AD. accordance with paragraph (e) of this AD. (d) Special flight permits may be issued in not have sufficient federalism accordance with sections 21.197 and 21.199 implications to warrant the preparation The request should include an assessment of the effect of the modification, alteration, or of the Federal Aviation Regulations (14 CFR of a Federalism Assessment. repair on the unsafe condition addressed by 21.197 and 21.199) to operate the airplane to For the reasons discussed above, I this AD; and, if the unsafe condition has not a location where the requirements of this AD certify that this action (1) is not a been eliminated, the request should include can be accomplished. ‘‘significant regulatory action’’ under specific proposed actions to address it. (e) An alternative method of compliance or Executive Order 12866; (2) is not a Compliance: Required as indicated, unless adjustment of the initial or repetitive ‘‘significant rule’’ under DOT already accomplished. compliance times that provides an equivalent Regulatory Policies and Procedures (44 To prevent separation of the horizontal level of safety may be approved by the FR 11034, February 26, 1979); and (3) stabilizer from the airplane caused by a Manager, New York Aircraft Certification Office (ACO), FAA, 10 Fifth Street, 3rd Floor, will not have a significant economic cracked attachment fitting, and subsequent loss of control of the airplane, accomplish the Valley Stream, New York 11581. The request impact, positive or negative, on a shall be forwarded through an appropriate substantial number of small entities following: (a) For airplanes without Modification Nos. FAA Maintenance Inspector, who may add under the criteria of the Regulatory 6/1808 and 6/1809 incorporated, accomplish comments and then send it to the Manager, Flexibility Act. A copy of the final the following: New York ACO. evaluation prepared for this action is (1) Within the next 50 hours time-in- Note 2: Information concerning the contained in the Rules Docket. A copy service (TIS) after the effective date of this existence of approved alternative methods of Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55189 compliance with this AD, if any, may be result in detachment of a MLG wheel above, the FAA has determined that air obtained from the New York ACO. from the airplane. safety and the public interest require the Note 3: Alternative methods of compliance DATES: Effective November 29, 1995. adoption of the rule as proposed. approved in accordance with AD 83–26–05 The incorporation by reference of The FAA estimates that 10 airplanes or AD 86–15–08 (both superseded by this of U.S. registry will be affected by this action) are not considered approved as certain publications, as listed in the alternative methods of compliance with this regulations, is approved by the Director AD. AD. of the Federal Register as of November The inspections that were previously required by AD 94–05–03, and retained (f) The inspections required by this AD 29, 1995. shall be done in accordance with de The incorporation by reference of in this AD, take approximately 2 work Havilland Service Bulletin No. 6/438, Jetstream Service Bulletin ATP–32–48, hours per airplane to accomplish, at an Revision D, dated March 28, 1986. The Revision 1, dated January 28, 1994, was average labor rate of $60 per work hour. modifications required by this AD shall be approved previously by the Director of Based on these figures, the total cost done in accordance with de Havilland the Federal Register as of March 15, impact of the inspection requirement of Service Bulletin No. 6/513, dated October 25, 1994 (59 FR 9400, February 28, 1994). this AD on U.S. operators is estimated 1991. This incorporation by reference was to be $1,200, or $120 per airplane, per approved by the Director of the Federal ADDRESSES: The service information referenced in this AD may be obtained inspection cycle. Register in accordance with 5 U.S.C. 552(a) The inspections that will be added by from Jetstream Aircraft, Inc., P.O. Box and 1 CFR part 51. Copies may be obtained this AD will take approximately 2 work 16029, Dulles International Airport, from de Havilland, Inc., 123 Garratt hours per airplane to accomplish, at an Boulevard, Downsview, Ontario M3K 1Y5 Washington, DC 20041–6029. This average labor rate of $60 per work hour. Canada. Copies may be inspected at the FAA, information may be examined at the Based on these figures, the total cost Central Region, Office of the Assistant Chief Federal Aviation Administration (FAA), Counsel, Room 1558, 601 E. 12th Street, impact of the inspections required by Transport Airplane Directorate, Rules this AD on U.S. operators is estimated Kansas City, Missouri, or at the Office of the Docket, 1601 Lind Avenue, SW., Federal Register, 800 North Capitol Street, to be $1,200, or $120 per airplane, per NW., 7th Floor, suite 700, Washington, DC. Renton, Washington; or at the Office of inspection cycle. (g) This amendment (39–9415) supersedes the Federal Register, 800 North Capitol It will take approximately 11 work AD 83–26–05, Amendment 39–4793, and AD Street, NW., suite 700, Washington, DC. hours per airplane to accomplish the 86–15–08, Amendment 39–5362. FOR FURTHER INFORMATION CONTACT: required modifications at an average (h) This amendment (39–9415) becomes William Schroeder, Aerospace Engineer, labor rate of $60 per work hour. effective on December 27, 1995. Standardization Branch, ANM–113, Required parts will be supplied by the Issued in Kansas City, Missouri, on FAA, Transport Airplane Directorate, manufacturer at no cost to the operators. October 18, 1995. 1601 Lind Avenue, SW., Renton, Based on these figures, the total cost Michael Gallagher, Washington 98055–4056; telephone impact of the modification required by Manager, Small Airplane Directorate, Aircraft (206) 227–2148; fax (206) 227–1149. this AD on U.S. operators is estimated Certification Service. SUPPLEMENTARY INFORMATION: A to be $6,600, or $660 per airplane. [FR Doc. 95–26403 Filed 10–27–95; 8:45 am] proposal to amend part 39 of the Federal The total cost impact figures BILLING CODE 4910±13±U Aviation Regulations (14 CFR part 39) discussed above are based on by superseding AD 94–05–03, assumptions that no operator has yet amendment 39–8841 (59 FR 9400, accomplished any of the requirements 14 CFR Part 39 February 28, 1994), which is applicable of this AD action, and that no operator to certain Jetstream Model ATP would accomplish those actions in the [Docket No. 94±NM±173±AD; Amendment airplanes, was published in the Federal future if this AD were not adopted. 39±9409; AD 95±22±02] Register on June 12, 1995 (60 FR 30798). The regulations adopted herein will Airworthiness Directives; Jetstream The action proposed to continue to not have substantial direct effects on the Model ATP Airplanes require daily cleaning and daily/pre- States, on the relationship between the flight detailed visual inspections to national government and the States, or AGENCY: Federal Aviation detect damage (including blistering or on the distribution of power and Administration, DOT. flaking of the paint) or discoloration of responsibilities among the various ACTION: Final rule. the wheel hub caps and of the outer side levels of government. Therefore, in of the inflation valve side hubs on the accordance with Executive Order 12612, SUMMARY: This amendment supersedes MLG wheels. The action also proposed it is determined that this final rule does an existing airworthiness directive (AD), to require an additional daily not have sufficient federalism applicable to certain Jetstream Model intermediate detailed visual inspection, implications to warrant the preparation ATP airplanes, that currently requires in lieu of the pre-flight inspection, for of a Federalism Assessment. daily and/or pre-flight cleaning and certain airplanes. Additionally, the For the reasons discussed above, I inspections to detect damaged main action proposed to require modification certify that this action (1) is not a landing gear (MLG) wheel bearings and of the MLG, which would constitute ‘‘significant regulatory action’’ under replacement of discrepant parts. That terminating action for the daily, pre- Executive Order 12866; (2) is not a AD was prompted by reports of failure flight, and daily intermediate inspection ‘‘significant rule’’ under DOT of the MLG wheel bearings. This action requirements. Regulatory Policies and Procedures (44 requires an additional inspection, in Interested persons have been afforded FR 11034, February 26, 1979); and (3) lieu of the pre-flight inspection, for an opportunity to participate in the will not have a significant economic certain airplanes. This action also making of this amendment. Due impact, positive or negative, on a requires the accomplishment of a consideration has been given to the substantial number of small entities terminating modification that eliminates single comment received. under the criteria of the Regulatory the need for daily and pre-flight The commenter supports the Flexibility Act. A final evaluation has inspections. The actions specified by proposed rule. been prepared for this action and it is this AD are intended to prevent failure After careful review of the available contained in the Rules Docket. A copy of the MLG wheel bearing, which could data, including the comment noted of it may be obtained from the Rules 55190 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
Docket at the location provided under amendment 39–8841), perform a cleaning damage or discoloration is found during any the caption ADDRESSES. and a detailed visual inspection to detect inspection required by this paragraph, prior damage (including blistering or flaking of the to further flight, replace the existing MLG List of Subjects in 14 CFR Part 39 paint) or discoloration of the wheel hub caps wheel assembly and bearings with a Air transportation, Aircraft, Aviation and of the outer side of the inflation valve serviceable wheel assembly and bearings, in safety, Incorporation by reference, side hubs on the MLG wheels, in accordance accordance with the airplane maintenance with paragraph 2.(2) of the Accomplishment manual. Safety. Instructions of Jetstream Service Bulletin (2) Following accomplishment of the initial Adoption of the Amendment ATP–32–48, Revision 1, dated January 28, inspection required by paragraph (b)(1) of 1994; or in accordance with paragraph this AD, once a day, perform an additional Accordingly, pursuant to the 2.A.(2) of the Accomplishment Instructions intermediate detailed visual inspection to authority delegated to me by the of Jetstream Service Bulletin ATP–32–48, detect damage (including blistering or flaking Administrator, the Federal Aviation Revision 3, dated July 15, 1994. Thereafter, of the paint) or heat discoloration of the Administration amends part 39 of the prior to the first flight of each day, repeat this wheel hub cap and the outer side of each Federal Aviation Regulations (14 CFR cleaning and inspection. The cleaning and inflation valve side hub on the MLG wheels, part 39) as follows: inspection must be performed by in accordance with paragraph 2.Part B.(3) of appropriately certificated maintenance the Accomplishment Instructions of PART 39ÐAIRWORTHINESS personnel as specified in section 43.3 of the Jetstream Service Bulletin ATP–32–48, DIRECTIVES Federal Aviation Regulations (14 CFR 43.3). Revision 3, dated July 15, 1994. The once-a- If any damage or discoloration is found day inspections must be performed by 1. The authority citation for part 39 during any inspection required by this appropriately certificated maintenance continues to read as follows: paragraph, prior to further flight, replace the personnel, as specified in 14 CFR 43.3. If any existing MLG wheel assembly and bearings damage or discoloration is found during any Authority: 49 U.S.C. 106(g), 40101, 40113, with a serviceable wheel assembly and inspection required by this paragraph, prior 44701. bearings, in accordance with the airplane to further flight, replace the existing MLG maintenance manual. wheel assembly and bearings with a § 39.13 [Amended] (2) Following accomplishment of the initial serviceable wheel assembly and bearings, in 2. Section 39.13 is amended by inspection required by paragraph (a)(1) of accordance with the airplane maintenance removing amendment 39–8841 (59 FR this AD, prior to each flight, with the manual. 9400, February 28, 1994), and by adding exception of the first flight of each day, (c) Within 10 months after the effective a new airworthiness directive (AD), perform a pre-flight detailed visual date of this AD, modify the MLG, in amendment 39–9409, to read as follows: inspection to detect damage (including accordance with Jetstream Service Bulletin blistering or flaking of the paint) or heat ATP–32–51–35296A, dated May 12, 1994; 95–22–02 Jetstream Aircraft Limited discoloration of the wheel hub cap and the and Jetstream Service Bulletin ATP–32–53– (Formerly British Aerospace outer side of each inflation valve side hub on 35294A (including Erratum No. 1), dated July Commercial Aircraft Limited): the MLG wheels, in accordance with 18, 1994, or Revision 2, dated January 13, Amendment 39–9409. Docket 94–NM– paragraph 2.A.(3) of the Accomplishment 1995. Accomplishment of these 173–AD. Supersedes AD 94–05–03, Instructions of Jetstream Service Bulletin modifications constitutes terminating action Amendment 39–8841. ATP–32–48, Revision 1, dated January 28, for the daily and pre-flight inspection Applicability: Model ATP airplanes, 1994; or in accordance with paragraph requirements of this AD. constructor numbers 2001 through 2063 2.A.(3) of the Accomplishment Instruction of (d) An alternative method of compliance or inclusive, certificated in any category. Jetstream Service Bulletin ATP–32–48, adjustment of the compliance time that Note 1: This AD applies to each airplane Revision 3, dated July 15, 1994. The pre- provides an acceptable level of safety may be identified in the preceding applicability flight inspections must be performed by used if approved by the Manager, provision, regardless of whether it has been appropriately certificated maintenance Standardization Branch, ANM–113, FAA, otherwise modified, altered, or repaired in personnel, as specified in section 43.3. If any Transport Airplane Directorate. Operators the area subject to the requirements of this damage or discoloration is found during any shall submit their requests through an AD. For airplanes that have been modified, inspection required by this paragraph, prior appropriate FAA Principal Maintenance altered, or repaired so that the performance to further flight, replace the existing MLG Inspector, who may add comments and then of the requirements of this AD is affected, the wheel assembly and bearings with a send it to the Manager, Standardization owner/operator must use the authority serviceable wheel assembly and bearings, in Branch, ANM–113. provided in paragraph (d) of this AD to accordance with the airplane maintenance Note 2: Information concerning the request approval from the FAA. This manual. existence of approved alternative methods of approval may address either no action, if the (b) For airplanes on which Jetstream compliance with this AD, if any, may be current configuration eliminates the unsafe Modification 35296A (reference Jetstream obtained from the Standardization Branch, condition; or different actions necessary to Service Bulletin ATP–32–51–35296A) has ANM–113. address the unsafe condition described in been installed: Accomplish paragraphs (b)(1) (e) Special flight permits may be issued in this AD. Such a request should include an and (b)(2) of this AD. accordance with sections 21.197 and 21.199 assessment of the effect of the changed (1) Within 24 hours after the last of the Federal Aviation Regulations (14 CFR configuration on the unsafe condition inspection performed in accordance with 21.197 and 21.199) to operate the airplane to addressed by this AD. In no case does the paragraph (a)(1) of this AD, perform a a location where the requirements of this AD presence of any modification, alteration, or cleaning and a detailed visual inspection to can be accomplished. repair remove any airplane from the detect damage (including blistering or flaking (f) The modification shall be done in applicability of this AD. of the paint) or discoloration of the wheel accordance with Jetstream Service Bulletin Compliance: Required as indicated, unless hub caps and of the outer side of the inflation ATP–32–51–35296A, dated May 12, 1994; accomplished previously. valve side hubs on the MLG wheels, in and Jetstream Service Bulletin ATP–32–53– To prevent detachment of a main landing accordance with paragraph 2.Part B.(2) of the 35294A, dated July 18, 1994 (including gear (MLG) wheel from the airplane, Accomplishment Instructions of Jetstream Erratum No. 1), or Revision 2, dated January accomplish the following: Service Bulletin ATP–32–48, Revision 3, 13, 1995. The cleaning and inspections shall (a) For airplanes on which Jetstream dated July 15, 1994. Thereafter, prior to the be done in accordance with Jetstream Service Modification 35296A (reference Jetstream first flight of each day, repeat this cleaning Bulletin ATP–32–48, Revision 1, dated Service Bulletin ATP–32–51–35296A) has and inspection. The cleaning and inspection January 28, 1994, or Revision 3, dated July not been installed: Accomplish paragraphs must be performed by appropriately 15, 1994. The incorporation by reference of (a)(1) and (a)(2) of this AD. certificated maintenance personnel as Jetstream Service Bulletin ATP–32–48, (1) Within 24 hours after March 15, 1994 specified in section 43.3 of the Federal Revision 1, dated January 28, 1994, was (the effective date of AD 94–05–03, Aviation Regulations (14 CFR 43.3). If any approved previously (including Erratum No. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55191
1) by the Director of the Federal Register in the navigable airspace under instrument safety in air commerce, I find that notice accordance with 5 U.S.C. 552(a) and 1 CFR conditions in the affected areas. and public procedure before adopting part 51 as of March 15, 1994 (59 FR 9400, EFFECTIVE DATE: 0901 UTC, November 9, this amendment are impracticable and February 28, 1994). The incorporation by contrary to the public interest and that reference of the remainder of the service 1995. documents is approved by the Director of the FOR FURTHER INFORMATION CONTACT: good cause exists for making the Federal Register in accordance with 5 U.S.C. Paul J. Best, Flight Procedures amendment effective in less than 30 552(a) and 1 CFR part 51. Copies may be Standards Branch (AFS–420), Technical days. The FAA has determined that this obtained from Jetstream Aircraft, Inc., P.O. Programs Division, Flight Standards regulation only involves an established Box 16029, Dulles International Airport, Service Federal Aviation body of technical regulations for which Washington, DC 20041–6029. Copies may be Administration, 800 Independence frequent and routine amendments are inspected at the FAA, Transport Airplane Avenue, SW., Washington, D.C. 20591; necessary to keep them operationally Directorate, 1601 Lind Avenue, SW., Renton, telephone: (202) 267–8277. current. Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite SUPPLEMENTARY INFORMATION: This It, therefore—(1) is not a ‘‘significant 700, Washington, DC. amendment to part 95 of the Federal regulatory action’’ under Executive (g) This amendment becomes effective on Aviation Regulations (14 CFR part 95) Order 12866; (2) is not a ‘‘significant November 29, 1995. amends, suspends, or revokes IFR rule’’ under DOT Regulatory Policies Issued in Renton, Washington, on October altitudes governing the operation of all and Procedures (44 FR 11034; February 12, 1995. aircraft in flight over a specified route 26, 1979); and (3) does not warrant S.R. Miller, or any portion of that route, as well as preparation of a regulatory evaluation as Acting Manager, Transport Airplane the changeover points (COPs) for the anticipated impact is so minimal. Directorate, Aircraft Certification Service. Federal airways, jet routes, or direct For the same reason, the FAA certifies [FR Doc. 95–25835 Filed 10–27–95; 8:45 am] routes as prescribed in part 95. that this amendment will not have a significant economic impact on a BILLING CODE 4910±13±U The Rule substantial number of small entities The specified IFR altitudes, when under the criteria of the Regulatory 14 CFR Part 95 used in conjunction with the prescribed Flexibility Act. changeover points for those routes, ensure navigation aid coverage that is List of Subjects in 14 CFR Part 95 [Docket No. 28362; Amdt. No. 392] adequate for safe flight operations and Airspace, Navigation (air). IFR Altitudes; Miscellaneous free of frequency interference. The Issued in Washington, D.C. on October 6, Amendments reasons and circumstances that create the need for this amendment involve 1995. AGENCY: Federal Aviation matters of flight safety and operational Thomas C. Accardi, Administration (FAA), DOT. efficiency in the National Airspace Director, Flight Standards Service. ACTION: Final rule. System, are related to published Adoption of the Amendment aeronautical charts that are essential to SUMMARY: This amendment adopts the user, and provide for the safe and Accordingly, pursuant to the miscellaneous amendments to the efficient use of the navigable airspace. authority delegated to me by the required IFR (instrument flight rules) In addition, those various reasons or Administrator, part 95 of the Federal altitudes and changeover points for circumstances require making this Aviation Regulations (14 CFR part 95) is certain Federal airways, jet routes, or amendment effective before the next amended as follows: direct routes for which a minimum or scheduled charting and publication date 1. The authority citation for part 95 is maximum en route authorized IFR of the flight information to assure its revised to read as follows: altitude is prescribed. This regulatory timely availability to the user. The Authority: 49 U.S.C. 106(g), 40103, 40113, action is needed because of changes effective date of this amendment reflects and 14 CFR 11.49(b)(2). occurring in the National Airspace those considerations. In view of the System. These changes are designed to close and immediate relationship 2. Part 95 is amended to read as provide for the safe and efficient use of between these regulatory changes and follows:
REVISIONS TO MINIMUM ENROUTE IFR ALTITUDES AND CHANGEOVER POINTS [Amendment 392 Effective Date, November 9, 1995]
From To MEA
§ 95.1001 Direct RoutesÐU.S. 22V Bahama Routes is amended to read in part Fort Lauderdale, FL VOR/DME ...... Dekal, FL FIX ...... 6000 Dekal, FL FIX ...... Wiers, BF FIX ...... 6000 Wiers, BF FIX ...... Oysta, BF FIX ...... 10000 Oysta, BF FIX ...... Carey, BF FIX ...... 6000 49V is amended by adding Dolphin, FL VORTAC ...... Luvly, FL FIX ...... 2000 is amended to read in part Luvly, FL FIX ...... Junur, FL FIX ...... 2000 54V Mrlin, FL FIX ...... Preda, FL FIX ...... 4000 Preda, FL FIX ...... Isaac, BF FIX ...... 6000 55192 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
REVISIONS TO MINIMUM ENROUTE IFR ALTITUDES AND CHANGEOVER POINTSÐContinued [Amendment 392 Effective Date, November 9, 1995]
From To MEA
Oysta, BF FIX ...... Carey, BF FIX ...... 6000 Carey, BF FIX *1400ÐMOCA ...... Nassau, BF VOR/DME ...... *2000 54V Mrlin, FL FIX ...... Preda, FL FIX ...... 4000 Preda, FL FIX ...... Bimini, BF VORTAC ...... 4000 57V Fort Lauderdale, FL VOR/DME ...... Dekal, FL FIX ...... 6000 Dekal, FL FIX ...... Wiers, BF FIX ...... 6000 Wiers, BF FIX ...... Bimini, BF VORTAC ...... 3000 62V Freeport, BF VOR/DME *1300ÐMOCA ...... Surfn, FL FIX ...... *4000 Surfn, FL FIX ...... Vero Beach, FL VORTAC . 2000 Atlantic Routes AR 6 *Apolo, FL FIX *4000ÐMRA ...... Hobee, FL FIX ...... 24000 MAA±45000 AR 10 Dolphin, FL VORTAC ...... Turbo, FL FIX ...... 6000 Turbo, FL FIX ...... Preda, FL FIX ...... 6000 Preda, FL FIX ...... Zappa, BF FIX ...... 10000 A509 Marci, FL FIX *1500ÐMOCA ...... Dolphin, FL VORTAC ...... *2000 Dolphin, FL VORTAC ...... Ellee, BF FIX ...... 5000 Ellee, BF FIX ...... Ursus, BF FIX ...... 15000 § 95.6003 VOR Federal Airway 3 is amended to read in part Mnate, FL FIX *2800ÐMOCA ...... Dolphin, FL VORTAC ...... *5000 Dolphin, FL VORTAC *2000ÐMOCA ...... Fort Lauderdale, FL VOR/ *4000 DME. § 95.6007 VOR Federal Airway 7 is amended to read in part Dolphin, FL VORTAC *1500ÐMOCA ...... Swags, FL FIX ...... *2000 Jocks, FL FIX *5000ÐMRA **1500ÐMOCA ...... *Crowd, FL FIX ...... **2000 Crowd, FL FIX ...... Lakeland, FL VORTAC ...... 2000 § 95.6035 VOR Federal Airway 35 is amended by adding Dolphin, FL VORTAC *1500ÐMOCA ...... Curve, FL FIX ...... *2000 is amended to delete Key West, FL VORTAC *15000ÐMCA BIPIN FIX, W BND ...... *Bipin, FL FIX ...... 15000 Bipin, FL FIX *5000ÐMRA **1400ÐMOCA ...... *Drown, FL FIX ...... **2000 § 95.6086 VOR Federal Airway 86 is amended by adding Missoula, MT VOR/DME *11000ÐMOCA ...... Coppertown, MT VOR/DME *13000 § 95.6097 VOR Federal Airway 97 is amended to read in part Dolphin, FL VORTAC *1500ÐMOCA ...... La Belle, FL VORTAC ...... *3000 § 95.6148 VOR Federal Airway 148 is amended to read in part Aleen, WI FIX *2800ÐMOCA ...... Hayward, WI VOR/DME .... *5000 § 95.6157 VOR Federal Airway 157 is amended to read in part Key West, FL VORTAC *1300ÐMOCA ...... Dolphin, FL VORTAC ...... *5000 Dolphin, FL VORTAC *1500ÐMOCA ...... Thndr, FL FIX ...... *3000 § 95.6198 VOR Federal Airway 198 is amended to read in part Churn, TX FIX ...... Seeds, TX FIX ...... 2500 Seeds, TX FIX *1800ÐMOCA ...... Wemar, TX FIX ...... *2500 Taylor, FL VORTAC *2100ÐMOCA ...... Craig, FL VORTAC ...... *3000 § 95.6212 VOR Federal Airway 212 is amended to read in part Churn, TX FIX ...... Seeds, TX FIX ...... 2500 Seeds, TX FIX *1800ÐMOCA ...... Wemar, TX FIX ...... *2500 § 95.6222 VOR Federal Airway 222 is amended to read in part Junction, TX VORTAC *3600ÐMOCA ...... Stonewall, TX VORTAC .... *4000 § 95.6267 VOR Federal Airway 267 is amended to read in part Dolphin, FL VORTAC *1500ÐMOCA ...... Pahokee, FL VORTAC ...... *2000 § 95.6437 VOR Federal Airway 437 is amended to read in part Dolphin, FL VORTAC *1500ÐMOCA ...... Pahokee, FL VORTAC ...... *2000 § 95.6509 VOR Federal Airway 509 is amended to read in part St. Petersburg, FL VORTAC *5000ÐMRA **2500ÐMOCA ...... *Crowd, FL FIX ...... **5000 Crowd, FL FIX *1600ÐMOCA ...... Hallr, FL FIX ...... *6000 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55193
REVISIONS TO MINIMUM ENROUTE IFR ALTITUDES AND CHANGEOVER POINTSÐContinued [Amendment 392 Effective Date, November 9, 1995]
From To MEA
§ 95.6511 VOR Federal Airway 511 is amended to read in part Thndr, FL FIX *1500ÐMOCA ...... Dolphin, FL VORTAC ...... *3000 § 95.6521 VOR Federal Airway 521 is amended to read in part Dolphin, FL VORTAC *1500ÐMOCA ...... Lee County, FL VORTAC .. *3000 § 95.6556 VOR Federal Airway 556 is amended to read in part Junction, TX VORTAC *3600ÐMOCA ...... Stonewall, TX VORTAC .... *4000 Seeds, TX FIX *1800ÐMOCA ...... Wemar, TX FIX ...... *2500 § 95.6599 VOR Federal Airway 599 is amended to read in part Thndr, FL FIX *1500ÐMOCA ...... Dolphin, FL VORTAC ...... *3000 § 95.6601 VOR Federal Airway 601 is added to read Key West, FL VORTAC *4000ÐMRA **1500ÐMOCA ...... Deeds, FL FIX ...... **7000 Deeds, FL FIX *1400ÐMOCA ...... Pahokee, FL VORTAC ...... *3000
From To MEA MAA
§ 95.7015 Jet Route No. 15 is amended to read in part Salt Lake City, UT Vortac ...... Twin Falls, ID Vortac ...... 18000 45000 Twin Falls, ID Vortac ...... Boise, ID Vortac ...... 18000 45000 § 95.7043 Jet Route No. 43 is amended to read in part Dolphin, FL Vortac ...... La Belle, FL Vortac ...... 18000 45000 § 95.7053 Jet Route No. 53 is amended to read in part Dolphin, FL Vortac ...... Pahokee, FL Vortac ...... 18000 45000 § 95.7055 Jet Route No. 55 is amended to read in part Dolphin, FL Vortac ...... Craig, FL Vortac ...... 18000 45000 § 95.7058 Jet Route No. 58 is amended to read in part Lee County, FL Vortac ...... Dolphin, FL Vortac ...... 18000 45000 § 95.7073 Jet Route No. 73 is amended to read in part Dolphin, FL Vortac ...... La Belle, FL Vortac ...... 18000 45000 § 95.7075 Jet Route No. 75 is amended to read in part Dolphin, FL Vortac ...... Lee County, FL Vortac ...... 18000 45000 § 95.7079 Jet Route No. 79 is amended to read in part Key West, FL Vortac ...... Dolphin, FL Vortac ...... 18000 45000 § 95.7081 Jet Route No. 81 is amended to read in part Dolphin, FL Vortac ...... Pahokee, FL Vortac ...... 18000 45000 § 95.7085 Jet Route No. 85 is amended to read in part Dolphin, FL Vortac ...... Gainesville, FL Vortac ...... 18000 45000 § 95.7086 Jet Route No. 86 is amended to read in part La Belle, FL Vortac ...... Dolphin, FL Vortac ...... 18000 45000 § 95.7179 Jet Route No. 179 is amended by adding Emmonak, AK VOR/DME ...... St Marys, AK NDB ...... 18000 45000 Is amended to read in part Sparrevohn, AK VOR/DME ...... Kenai, AK VOR/DME ...... 18000 45000 Kenai, AK VOR/DME ...... Middleton Island, AK VOR/ 18000 45000 DME. § 95.7510 Jet Route No. 510 is added to read Galena, AK Vortac ...... Unalakleet, AK Vortac ...... 18000 45000 Unalakleet, AK Vortac ...... Emmonak, AK VOR/DME .. 18000 45000
§ 95.8003 VOR FEDERAL AIRWAYS CHANGEOVER POINTS
Airway segment Changeover points From To Distance From
V±86 is amended by adding Missoula, MT VOR/DME ...... Coppertown, MT VOR/DME ...... 35 Missoula. V±97 is amended to delete Miami, FL Vortac ...... La Belle, FL Vortac ...... 25 Miami. 55194 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
§ 95.8003 VOR FEDERAL AIRWAYS CHANGEOVER POINTSÐContinued
Airway segment Changeover points From To Distance From
V±177 is amended by adding Wausau, WI Vortac ...... Hayward, WI VOR/DME ...... 59 Wausau. V±521 is amended to delete Miami, FL Vortac ...... La Belle, FL Vortac ...... 25 Miami.
[FR Doc. 95–26775 Filed 10–27–95; 8:45 am] 1. FAA Public Inquiry Center (APA– the types and effective dates of the BILLING CODE 4910±13±M 200), FAA Headquarters Building, 800 SIAPs. This amendment also identifies Independence Avenue, SW., the airport, its location, the procedure Washington, DC 20591; or identification and the amendment 14 CFR Part 97 2. The FAA Regional Office of the number. [Docket No. 28363; Amdt. No. 1691] region in which the affected airport is located. The Rule This amendment to part 97 is effective Standard Instrument Approach By Subscription Procedures; Miscellaneous upon publication of each separate SIAP Amendments Copies of all SIAPs, mailed once as contained in the transmittal. Some every 2 weeks, are for sale by the SIAP amendments may have been AGENCY: Federal Aviation Superintendent of Documents, U.S. previously issued by the FAA in a Administration (FAA), DOT. Government Printing Office, National Flight Data Center (FDC) ACTION: Final rule. Washington, DC 20402. Notice to Airmen (NOTAM) as an FOR FURTHER INFORMATION CONTACT: Paul emergency action of immediate flight SUMMARY: This amendment establishes, J. Best, Flight Procedures Standards safety relating directly to published amends, suspends, or revokes Standard Branch (AFS–420), Technical Programs aeronautical charts. The circumstances Instrument Approach Procedures Division, Flight Standards Service, (SIAPs) for operations at certain which created the need for some SIAP Federal Aviation Administration, 800 airports. These regulatory actions are amendments may require making them Independence Avenue, SW., needed because of the adoption of new effective in less than 30 days. For the Washington, DC 20591; telephone (202) or revised criteria, or because of changes remaining SIAPs, an effective date at 267–8277. occurring in the National Airspace least 30 days after publication is System, such as the commissioning of SUPPLEMENTARY INFORMATION: This provided. new navigational facilities, addition of amendment to part 97 of the Federal Further, the SIAPs contained in this new obstacles, or changes in air traffic Aviation Regulations (14 CFR part 97) amendment are based on the criteria requirements. These changes are establishes, amends, suspends, or contained in the U.S. Standard for designed to provide safe and efficient revokes Standard Instrument Approach Terminal Instrument Approach use of the navigable airspace and to Procedures (SIAPs). The complete Procedures (TERPS). In developing promote safe flight operations under regulatory description of each SIAP is these SIAPs, the TERPS criteria were instrument flight rules at the affected contained in official FAA form applied to the conditions existing or airports. documents which are incorporated by anticipated at the affected airports. reference in this amendment under 5 Because of the close and immediate DATES: An effective date for each SIAP relationship between these SIAPs and is specified in the amendatory U.S.C. 552(a), 1 CFR part 51, and § 97.20 safety in air commerce, I find that notice provisions. of the Federal Aviation Regulations Incorporation by reference-approved (FAR). The applicable FAA Forms are and public procedure before adopting by the Director of the Federal Register identified as FAA Forms 8260–3, 8260– these SIAPs are impracticable and on December 31, 1980, and reapproved 4, and 8260–5. Materials incorporated contrary to the public interest and, as of January 1, 1982. by reference are available for where applicable, that good cause exists examination or purchase as stated for making some SIAPs effective in less ADDRESSES: Availability of matters above. than 30 days. incorporated by reference in the The large number of SIAPs, their The FAA has determined that this amendment is as follows: complex nature, and the need for a regulation only involves an established For Examination special format make their verbatim body of technical regulations for which 1. FAA Rules Docket, FAA publication in the Federal Register frequent and routine amendments are Headquarters Building, 800 expensive and impractical. Further, necessary to keep them operationally Independence Avenue, SW., airmen do not use the regulatory text of current. It, therefore—(1) Is not a Washington, DC 20591; the SIAPs, but refer to their graphic ‘‘significant regulatory action’’ under 2. The FAA Regional Office of the depiction on charts printed by Executive Order 12866; (2) is not a region in which the affected airport is publishers of aeronautical materials. ‘‘significant rule’’ under DOT located; or Thus, the advantages of incorporation Regulatory Policies and Procedures (44 3. The Flight Inspection Area Office by reference are realized and FR 11034; February 26, 1979); and (3) which originated the SIAP. publication of the complete description does not warrant preparation of a of each SIAP contained in FAA form regulatory evaluation as the anticipated For Purchase documents is unnecessary. The impact is so minimal. For the same Individual SIAP copies may be provisions of this amendment state the reason, the FAA certifies that this obtained from: affected CFR (and FAR) sections, with amendment will not have a significant Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55195 economic impact on a substantial ** * Effective December 7, 1995 Midlothian/Waxahachi, TX, Midlothian/ number of small entities under the Paragould, AR, Kirk Field, NDB RWY 4, Waxahachi Muni, GPS RWY 36, Orig criteria of the Regulatory Flexibility Act. Amdt 4, Cancelled Note: The FAA published an Amendment West Memphis, AR, West Memphis Muni, in Docket No. 28298, Amdt. No. 1679 to Part List of Subjects in 14 CFR Part 97 Radar–1, Amdt 9, Cancelled 97 of the Federal Aviation Regulations (Vol. Air Traffic Control, Airports, Danielson, CT, Danielson, VOR or GPS–A, 60, FR. 164, Page 43966; dated Thursday, August 24, 1995) under Section 97.33 Navigation (Air). Amdt 5 Fort Myers, FL, Southwest Florida Intl, VOR/ effective 9 November 95 which is hereby Issued in Washington, DC on October 20, DME or TACAN RWY 24, Amdt 1 amended as follows: 1995. Fort Myers, FL, Southwest Florida Intl, Grants Pass, OR., Grants Pass, GPS–A, Orig. Thomas C. Accardi, RADAR–1, Amdt 5 published in TL 95–18 is rescinded. Director, Flight Standards Service. Fitchburg, MA, Fitchburg Muni, NDB–A, Note: The FAA published an Amendment Amdt 1 in Docket No. 28340, Amdt. No. 1686 to Part Adoption of the Amendment Fitchburg, MA, Fitchburg Muni, NDB RWY 97 of the Federal Aviation Regulations (Vol. 20, Amdt 1 Accordinly, pursuant to the authority 60, FR. 191, Page 51718; dated Tuesday, Hopedale, MA, Hopedale Industrial Park, October 3, 1995) under Section 97.33 delegated to me, part 97 of the Federal VOR–A, Amdt 6 effective 9 November 95 which is hereby Aviation Regulations (14 CFR part 97) is Portsmouth, NH, Pease International amended as follows: amended by establishing, amending, Tradeport, VOR or TACAN RWY 16, Amdt Chamberlin, SD, Chamberlin Muni, GPS suspending, or revoking Standard 4 RWY 31, Orig. published in TL 95–21 is Instrument Approach Procedures, Artesia, NM, Artesia Muni, NDB OR GPS corrected to read: effective at 0901 UTC on the dates RWY 12, Amdt 3 Artesia, NM, Artesia Muni, NDB OR GPS Chamberlain, SD, Chamberlain Muni, GPS specified, as follows: RWY 31 Orig RWY 30, Amdt 3 Note: The FAA published an Amendment PART 97ÐSTANDARD INSTRUMENT Chetek, WI, Chetek Muni-Southworth, VOR/ DME OR GPS RWY 17, Amdt 2, Cancelled in Docket No. 28327, Amdt. No. 1685 to Part APPROACH PROCEDURES Cumberland, WI, Cumberland Muni, VOR/ 97 of the Federal Aviation Regulations (Vol. DME OR GPS RWY 27, Amdt 2, Cancelled 60, FR. 191, Page 51718; dated Tuesday, 1. The authority citation for part 97 is October 3, 1995) under Section 97.27 revised to read as follows: ** * Effective January 4, 1996 effective 12 October, which is hereby Authority: 49 U.S.C. 106(g), 40103, 40113, Almyra, AR, Almyra Muni, GPS RWY 35, amended as follows:: 40120, 44701; and 14 CFR 11.49(b)(2). Orig Spokane, WA, Felts Field, GPS–A, Orig, is Helena/West Helena, AR, Thompson- hereby rescinded. § 97.23 [Amended] Robbins, GPS RWY 35, Orig Manila, AR, Manila Municipal, GPS RWY 18, [FR Doc. 95–26773 Filed 10–27–95; 8:45 am] § 97.25 [Amended] Orig BILLING CODE 4910±13±M Mena, AR, Mena Intermountain Municipal, § 97.27 [Amended] GPS RWY 17, Orig § 97.29 [Amended] Newport, AR, Newport Muni, GPS RWY 18, 14 CFR Part 97 Orig [Docket No. 28349; Amdt. No. 1688] § 97.31 [Amended] North Little Rock, AR, North Little Rock Muni, GPS RWY 5, Orig Standard Instrument Approach § 97.33 [Amended] Ankeny, IA, Ankeny Regional, NDB RWY 36, Orig. Cancelled Procedures; Miscellaneous § 97.35 [Amended] Ankeny, IA, Ankeny Regional, GPS RWY 36, Amendments Orig 2. Part 97 is amended to read as AGENCY: Federal Aviation Carroll, IA, Arthur N. Neu, GPS RWY 31, follows: Administration (FAA), DOT. By amending: § 97.23 VOR, VOR/ Orig ACTION: Final rule. DME, VOR or TACAN, and VOR/DME Council Bluffs, IA, Council Bluffs Muni, GPS or TACAN; § 97.25 LOC, LOC/DME, RWY 31, Orig Webster City, IA, Webster City Muni, GPS SUMMARY: This amendment establishes, LDA, LDA/DME, SDF, SDF/DME; RWY 32, Orig amends, suspends, or revokes Standard § 97.27 NDB, NDB/DME; § 97.29 ILS, Augusta, KS, August Muni, GPS RWY 36, Instrument Approach Procedures ILS/DME, ISMLS, MLS, MLS/DME, Orig (SIAPs) for operations at certain MLS/RNAV; § 97.31 RADAR SIAPs; Olathe, KS, Johnson County Executive, GPS airports. These regulatory actions are § 97.33 RNAV SIAPs; and § 97.35 RWY 35, Orig needed because of the adoption of new COPTER SIAPs, identified as follows: Chillicothe, MO, Chillicothe Muni, GPS RWY or revised criteria, or because of changes 32, Orig ** * Effective November 9, 1995 occurring in the National Airspace Point Lookout, MO, M. Graham Clark, GPS System, such as the commissioning of Louisville, KY, Louisville Intl-Standiford RWY 11, Orig new navigational facilities, addition of Field, ILS RWY 17, Orig West Plains, MO, West Plains Muni, GPS Louisville, KY, Louisville Intl-Standiford RWY 18, Orig new obstacles, or changes in air traffic Field, ILS RWY 35, Orig Omaha, NE, Millard, GPS RWY 12, Orig requirements. These changes are Wilmington, OH, Airborne Airpark, ILS/DME Sidney, NE, Sidney Muni, GPS RWY 30, Orig designed to provide safe and efficient RWY 4R, Orig Clinton, OK, Clinton-Sherman, GPS RWY use of the navigable airspace and to Wilmington, OH, Airborne Airpark, ILS/DME 17R, Orig promote safe flight operations under RWY 22L, Orig Weatherford, OK,Thomas P. Stafford, GPS instrument flight rules at the affected Racine, WI, John H. Batten, VOR RWY 4, Orig RWY 35, Orig airports. Racine, WI, John H. Batten, VOR RWY 4, Brenham, TX, Brenham Muni, GPS RWY 34, DATES: An effective date for each SIAP Amdt 7, Cancelled Orig Racine, WI, John H. Batten, NDB RWY 4, Caddo Mills, TX, Caddo Mills Muni, GPS is specified in the amendatory Amdt 3 RWY 35L, Orig provisions. Racine, WI, John H. Batten, ILS RWY 4, Amdt Gainesville, TX, Gainesville Muni, GPS RWY Incorporation by reference-approved 4 17, Orig by the Director of the Federal Register Racine, WI, John H. Batten, VOR/DME RNAV Houston, TX, Clover Field, GPS RWY 32L, on December 31, 1980, and reapproved RWY 22, Amdt 3 Orig as of January 1, 1982. 55196 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
ADDRESSES: Availability of matters affected CFR (and FAR) section, with Issued in Washington, DC on October 6, incorporated by reference in the the types and effective dates of the 1995. amendment is as follows: SIAPs. This amendment also identifies Thomas C. Accardi, For Examination— the airport, its location, the procedure Director, Flight Standards Service. 1. FAA Rules Docket, FAA identification and the amendment Adoption of the Amendment Headquarters Building, 800 number. Independence Avenue SW., Accordingly, pursuant to the Washington, DC 20591; The Rule authority delegated to me, part 97 of the 2. The FAA Regional Office of the Federal Aviation Regulations (14 CFR region in which the affected airport is This amendment to part 97 is effective part 97) is amended by establishing, located; or upon publication of each separate SIAP amending, suspending, or revoking 3. The Flight Inspection Area Office as contained in the transmittal. Some Standard Instrument Approach which originated the SIAP. SIAP amendments may have been Procedures, effective at 0901 UTC on For Purchase—Individual SIAP previously issued by the FAA in a the dates specified, as follows: copies may be obtained from: National Flight Data Center (FDC) 1. FAA Public Inquiry Center (APA– Notice to Airmen (NOTAM) as an PART 97ÐSTANDARD INSTRUMENT 200), FAA Headquarters Building, 800 emergency action of immediate flight APPROACH PROCEDURES Independence Avenue, SW., safety relating directly to published 1. The authority citation for part 97 is Washington, DC 20591; or aeronautical charts. The circumstances revised to read as follows: 2. The FAA Regional Office of the which created the need for some SIAP Authority: 49 U.S.C. 106(g), 40103, 40113, region in which the affected airport is amendments may require making them 40120, 44701; and 14 CFR 11.49(b)(2). located. effective in less than 30 days. For the By Subscription—Copies of all SIAPs, remaining SIAPs, an effective date at § 97.23 [Amended] mailed once every 2 weeks, are for sale least 30 days after publication is § 97.25 [Amended] by the Superintendent of Documents, provided. U.S. Government Printing Office, § 97.27 [Amended] Washington, DC 20402. Further, the SIAPs contained in this amendment are based on the criteria § 97.29 [Amended] FOR FURTHER INFORMATION CONTACT: Paul contained in the U.S. Standard for J. Best, Flight Procedures Standards Terminal Instrument Approach § 97.31 [Amended] Branch (AFS–420), Technical Programs Division, Flight Standards Service, Procedures (TERPS). In developing § 97.33 [Amended] these SIAPs, the TERPS criteria were Federal Aviation Administration, 800 § 97.35 [Amended] Independence Avenue, SW., applied to the conditions existing or anticipated at the affected airports. 2. Part 97 is amended to read as Washington, DC 20591; telephone (202) follows: 267–8277. Because of the close and immediate relationship between these SIAPs and By amending: § 97.23 VOR, VOR/ SUPPLEMENTARY INFORMATION: This DME, VOR or TACAN, and VOR/DME safety in air commerce, I find that notice amendment to part 97 of the Federal or TACAN; § 97.25 LOC, LOC/DME, and public procedure before adopting Aviation Regulations (14 CFR part 97) LDA, LDA/DME, SDF, SDF/DME; these SIAPs are impracticable and establishes, amends, suspends, or § 97.27 NDB, NDB/DME; § 97.29 ILS, revokes Standard Instrument Approach contrary to the public interest and, ILS/DME, ISMLS, MLS, MLS/DME, Procedures (SIAPs). The complete where applicable, that good cause exists MLS/RNAV; § 97.31 RADAR SIAPs; regulatory description of each SIAP is for making some SIAPs effective in less § 97.33 RNAV SIAPs; and § 97.35 contained in official FAA form than 30 days. COPTER SIAPs, identified as follows: documents which are incorporated by The FAA has determined that this ** * Effective November 9, 1995 reference in this amendment under 5 regulation only involves an established Manila, AR, Manila Muni, NDB RWY 18, U.S.C. 552(a), 1 CFR part 51, and § 97.20 body of technical regulations for which of the Federal Aviation Regulations Orig frequent and routine amendments are Placerville, CA, Placerville, GPS RWY 5, Orig (FAR). The applicable FAA Forms are necessary to keep them operationally Victorville, CA, Southern California Intl, ILS identified as FAA Forms 8260–3, 8260– current. It, therefore—(1) Is not a RWY 17, Orig 4, and 8260–5. Materials incorporated ‘‘significant regulatory action’’ under Key West, FL, Key West Intl, VOR or GPS– by reference are available for Executive Order 12866; (2) is not a B, Amdt 10 examination or purchase as stated Marco Island, FL, Marco Island, VOR/DME or ‘‘significant rule’’ under DOT above. GPS RWY 17, Amdt 5 Regulatory Policies and Procedures (44 The large number of SIAPs, their Marco Island, FL, Marco Island, NDB or GPS complex nature, and the need for a FR 11034; February 26 , 1979); and (3) RWY 35, Amdt 5 special format make their verbatim does not warrant preparation of a Miami, FL, Opa Locka, VOR RWY 9L, Amdt 16A, CANCELLED publication in the Federal Register regulatory evaluation as the anticipated impact is so minimal. For the same Miami, FL, Opa Locka, ILS RWY 9L, Amdt expensive and impractical. Further, 3 airmen do not use the regulatory text of reason, the FAA certifies that this Miami, FL, Opa Locka, VOR/DME RNAV the SIAPs, but refer to their graphic amendment will not have a significant RWY 9L, Orig depiction on charts printed by economic impact on a substantial Miami, FL, Opa Locka, VOR/DME RNAV publishers of aeronautical materials. number of small entities under the RWY 9L, Amdt 8, CANCELLED Thus, the advantages of incorporation criteria of the Regulatory Flexibility Act. Peoria, IL, Greater Peoria Regional, ILS/DME by reference are realized and RWY 4, Orig List of Subjects in 14 CFR Part 97 Salt Lake City, UT, Salt Lake City Intl, VOR publication of the complete description OR TACAN OR GPS RWY 16, Amdt 22, of each SIAP contained in FAA form Air Traffic Control, Airports, CANCELLED documents is unnecessary. The Navigation (Air). Salt Lake City, UT, Salt Lake City Intl, VOR/ provisions of this amendment state the DME OR TACAN OR GPS RWY 16L, Orig Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55197
Salt Lake City, UT, Salt Lake City Intl, VOR 14 CFR Part 97 SUPPLEMENTARY INFORMATION: This OR TACAN OR GPS RWY 17, Amdt 10, amendment to part 97 of the Federal CANCELLED [Docket No. 28364; Amdt. No. 1692] Aviation Regulations (14 CFR part 97) Salt Lake City, UT, Salt Lake City Intl, VOR/ Standard Instrument Approach establishes, amends, suspends, or DME OR TACAN OR GPS RWY 17, Orig Procedures; Miscellaneous revokes Standard Instrument Approach Salt Lake City, UT, Salt Lake City Intl, VOR/ Amendments Procedures (SIAPs). The complete DME OR TACAN OR GPS RWY 34R, Amdt regulatory description on each SIAP is 7 AGENCY: Federal Aviation contained in the appropriate FAA Form Salt Lake City, UT, Salt Lake City Intl, ILS/ Administration (FAA), DOT. 8260 and the National Flight Data DME RWY 16L, Amdt 8 ACTION: Final rule. Center (FDC)/Permanent (P) Notices to Salt Lake City, UT, Salt Lake City Intl, ILS/ Airmen (NOTAM) which are DME RWY 16R, Orig SUMMARY: This amendment establishes, incorporated by reference in the Salt Lake City, UT, Salt Lake City Intl, ILS amends, suspends, or revokes Standard amendment under 5 U.S.C. 552(a), 1 RWY 17, Amdt 10 Instrument Approach Procedures CFR part 51, and § 97.20 of the Federal Salt Lake City, UT, Salt Lake City Intl, ILS (SIAPs) for operations at certain Aviations Regulations (FAR). Materials RWY 34, Amdt 40, CANCELLED airports. These regulatory actions are incorporated by reference are available Salt Lake City, UT, Salt Lake City Intl, ILS/ needed because of changes occurring in for examination or purchase as stated DME RWY 34L, Orig the National Airspace System, such as above. Salt Lake City, UT, Salt Lake City Intl, ILS/ the commissioning of new navigational The large number of SIAPs, their DME RWY 34R, Orig facilities, addition of new obstacles, or complex nature, and the need for a Salt Lake City, UT, Salt Lake City Intl, ILS changes in air traffic requirements. special format make their verbatim RWY 35, Amdt 1 These changes are designed to provide publication in the Federal Register Clarksville, VA, Marks Muni, GPS RWY 4, safe and efficient use of the navigable expensive and impractical. Further, Orig airspace and to promote safe flight airmen do not use the regulatory text of ** * Effective December 7, 1995 operations under instrument flight rules the SIAPs, but refer to their graphic at the affected airports. depiction of charts printed by Mexia, TX, Mexia-Limestone Co, GPS RWY publishers of aeronautical materials. 36, Orig. DATES: An effective date for each SIAP is specified in the amendatory Thus, the advantages of incorporation ** * Effective January 4, 1996 provisions. by reference are realized and Lawrenceville, IL, Lawrenceville-Vincennes Incorporation by reference approved publication of the complete description Intl, VOR or GPS RWY 18, Amdt 11 by the Director of the Federal Register of each SIAP contained in FAA form Lawrenceville, IL, Lawrenceville-Vincennes on December 31, 1980, and reapproved documents is unnecessary. The Intl, VOR or GPS RWY 27, Amdt 6 as of January 1, 1982. provisions of this amendment state the affected CFR (and FAR) sections, with Lawrenceville, IL, Lawrenceville-Vincennes ADDRESSES: Availability of matter the types and effective dates of the Intl, VOR or GPS RWY 36, Amdt 11 incorporated by reference in the Gonzales, LA, Louisiana Regional, VOR/ SIAPs. This amendment also identifies amendment is as follows: the airport, its location, the procedure DME–A or GPS–A, Amdt 1 For Examination— Baudette, MN, Baudette Intl, VOR/DME or identification and the amendment 1. FAA Rules Docket, FAA number. GPS RWY 12, Amdt 4 Headquarters Building, 800 Baudette, MN, Baudette Intl, VOR or GPS Independence Avenue SW., The Rule RWY 30, Amdt 9 Washington, DC 20591; This amendment to part 97 of the Cabool, MO, Cabool Memorial, GPS RWY 21, 2. The FAA Regional Office of the Orig Federal Aviation Regulations (14 CFR region in which the affected airport is part 97) establishes, amends, suspends, Harrisonville, MO, Lawrence Smith located; or Memorial, GPS RWY 35, Orig or revokes SIAPs. For safety and 3. The Flight Inspection Area Office timeliness of change considerations, this Sidney, OH, Sidney Muni, VOR or GPS RWY which originated the SIAP. 22, Amdt 12 amendment incorporates only specific For Purchase—Individual SIAP changes contained in the content of the Sidney, OH, Sidney Muni, VOR/DME RNAV copies may be obtained from: or GPS RWY 28, Amdt 5 following FDC/P NOTAM for each 1. FAA Public Inquiry Center (APA– SIAP. The SIAP information in some Note: The FAA published an Amendment 200), FAA Headquarters Building, 800 previously designated FDC/Temporary in Docket No. 28299, Amdt. No. 1680 to Part Independence Avenue SW., 97 of the Federal Aviation Regulations (Vol. (FDC/T) NOTAMs is of such duration as Washington, DC 20591; or to be permanent. With conversion to 60 FR, No. 164, Page 43965, dated Thursday 2. The FAA Regional Office of the August 24, 1995) under Section 97.27 FDC/P NOTAMs, the respective FDC/T region in which the affected airport is NOTAMs have been cancelled. Effective 12 October 1995, which is hereby located. amended as follows: The FDC/P NOTAMs for the SIAPs By Subscription—Copies of all SIAPs, contained in this amendment are based Sandpoint, ID, Dave Wall Field, NDB/DME– mailed once every 2 weeks, are for sale on the criteria contained in the U.S. C, Orig is hereby rescinded. by the Superintendent of Documents, Standard for Terminal Instrument Note: The following proposed procedure U.S. Government Printing Office, Approach Procedures (TERPS). In published in TL 93–17 is rescinded: Washington, DC 20402. developing these chart changes to SIAPs Detroit, MI, Detroit Metropolitan Wayne FOR FURTHER INFORMATION CONTACT: Paul by FDC/P NOTAMs, the TERPS criteria County, NDB Rwy 3C, Amdt 13 J. Best, Flight Procedures Standards were applied to only these specific [FR Doc. 95–26774 Filed 10–27–95; 8:45 am] Branch (AFS–420), Technical Programs conditions existing at the affected Division, Flight Standards Service, airports. All SIAP amendments in this BILLING CODE 4910±13±M Federal Aviation Administration, 800 rule have been previously issued by the Independence Avenue SW., FAA in a National Flight Data Center Washington, DC 20591; telephone (202) (FDC) Notice to Airmen (NOTAM) as an 267–8277. emergency action of immediate flight 55198 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations safety relating directly to published regulatory evaluation as the anticipated Authority: 49 U.S.C. 106(g), 40103, 40113, aeronautical charts. The circumstances impact is so minimal. For the same 40120, 44701; and 14 CFR 11.49(b)(2). which created the need for all these reason, the FAA certifies that this SIAP amendments requires making amendment will not have a significant § 97.23 [Amended] them effective in less than 30 days. economic impact on a substantial § 97.25 [Amended] Further, the SIAPs contained in this number of small entities under the amendment are based on the criteria criteria of the Regulatory Flexibility Act. § 97.27 [Amended] contained in the TERPS. Because of the List of Subjects in 14 CFR part 97 § 97.29 [Amended] close and immediate relationship Air Traffic Control, Airports, between these SIAPs and safety in air § 97.31 [Amended] commerce, I find that notice and public Navigation (Air). procedure before adopting these SIAPs Issued in Washington, DC on October 20, § 97.33 [Amended] are impracticable and contrary to the 1995. public interest and, where applicable, Thomas C. Accardi, § 97.35 [Amended] that good cause exists for making these Director, Flight Standards Service. 2. Part 97 is amended to read as SIAPs effective in less than 30 days. Adoption of the Amendment follows: Conclusion Accordingly, pursuant to the By amending: § 97.23 VOR, VOR/ DME, VOR or TACAN, and VOR/DME The FAA has determined that this authority delegated to me, part 97 of the or TACAN; § 97.25 LOC, LOC/DME, regulation only involves an established Federal Aviation Regulations (14 CFR body of technical regulations for which part 97) is amended by establishing, LDA, LDA/DME, SDF, SDF/DME; frequent and routine amendments are amending, suspending, or revoking § 97.27 NDB, NDB/DME; § 97.29 ILS, necessary to keep them operationally Standard Instrument Approach ILS/DME, ISLMLS, MLS, MLS/DME, current. It, therefore—(1) is not a Procedures, effective at 0901 UTC on MLS/RNAV; § 97.31 RADAR SIAPS; ‘‘significant regulatory action’’ under the dates specified, as follows: § 97.33 RNAV SIAPS; and § 97.35 Executive Order 12866; (2) is not a COPTER SIAPs; identified as follows: PART 97ÐSTANDARD INSTRUMENT ‘‘significant rule’’ under DOT APPROACH PROCEDURES ** * Effective Upon Publication Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) 1. The authority citation for part 97 is does not warrant preparation of a revised to read as follows:
FDC date State City Airport FDC No. SIAP
09/11/95 OH Wilmington ...... Airborne Airpark ...... 5/4954 ILS RWY 22 AMDT 3... THIS CORRECTS NOTAM IN TL 95±21 10/05/95 SC Clemson ...... Clemson-Oconee County ...... 5/5438 VOR/DME OR GPS RWY 25 ORIG... 10/13/95 MA Chatham ...... Chatham Muni ...... 5/5602 NDB OR GPS±A ORIG... 10/13/95 NV Las Vegas ...... McCarran Intl ...... 5/5614 VOR/DME OR GPS RWY 1R ORIG...
[FR Doc. 95–26776 Filed 10–27–95; 8:45 am] maintenance of established air quality Public Comment BILLING CODE 4910±13±M standards. As indicated in EPA’s direct final EFFECTIVE DATE: This rule is effective on notice at 60 FR 32601, the state has November 29, 1995. deleted subrule 22.5(2)c. This provision ENVIRONMENTAL PROTECTION exempted sources in secondary ADDRESSES: Copies of the documents AGENCY particulate matter nonattainment areas relevant to this action are available for 40 CFR Part 52 from offset requirements if they could public inspection during normal show that offsets were not reasonably [IA±15±1±7173; FRL±5287±2] business hours at the Environmental available. Protection Agency, Air Branch, 726 In response to this change, a Approval and Promulgation of Minnesota Avenue, Kansas City, Kansas commenter noted that the rule enabled Implementation Plans; State of Iowa 66101; and EPA Air & Radiation Docket an applicant to ‘‘demonstrate’’ that and Information Center, 401 M Street AGENCY: Environmental Protection emission offsets were not reasonably SW., Washington, DC 20460. Agency (EPA). available. The commenter further stated ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: that deleting this rule was too restrictive Christopher D. Hess at (913) 551–7213. and should not be approved. SUMMARY: This final action approves the Background and Response to Comment State Implementation Plan (SIP) SUPPLEMENTARY INFORMATION: On June revision submitted by the state of Iowa. 23, 1995, the EPA published a direct The rule in question concerns the The revision includes special final rule (60 FR 32601–3263) for an SIP requirement for emission offsets in requirements for nonattainment areas, revision and received one adverse nonattainment areas. The Act, as compliance and enforcement comment concerning special amended in 1990, requires a source in information, and adoption of EPA requirements for nonattainment areas. an area designated nonattainment to definitions. These revisions strengthen Therefore, the EPA is addressing that achieve offsets so that even with the SIP with respect to attainment and comment and taking final action. emission increases from the new source, Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55199 there is reasonable further progress create any new requirements, but Administrator of this final rule does not towards attainment in the area. simply approve requirements that the affect the finality of this rule for the Iowa’s preamended rule was state is already imposing. Therefore, purposes of judicial review, nor does it developed for certain particulate matter because the Federal SIP approval does extend the time within which a petition nonattainment areas. The purpose was not impose any new requirements, EPA for judicial review may be filed, and to attain the national ambient air quality certifies that it does not have a shall not postpone the effectiveness of standards for total suspended significant impact on any small entities such rule or action. This action may not particulate matter (TSP). Under the TSP affected. Moreover, due to the nature of be challenged later in proceedings to standards (which had a secondary the Federal-state relationship under the enforce its requirements. (See section standard in addition to the primary Act, preparation of a regulatory 307(b)(2).) standard), some areas in Iowa were flexibility analysis would constitute nonattainment for the secondary Federal inquiry into the economic List of Subjects in 40 CFR Part 52 standard, but not for the primary reasonableness of state action. The Act Environmental protection, Air standard. The rule relating to reasonably forbids EPA to base its actions pollution control, Carbon monoxide, available offsets did not apply in concerning SIPs on such grounds Hydrocarbons, Incorporation by primary nonattainment areas. (Union Electric Co. v. U.S. E.P.A., 427 reference, Intergovernmental relations, After promulgation of the new PM10 U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. Lead, Nitrogen dioxide, Ozone, standard in 1987 (which replaced the 7410(a)(2)). Particulate matter, Reporting and TSP standard), the distinction between This action has been classified as a recordkeeping requirements, Sulfur primary and secondary standards for Table 3 action for signature by the oxides, Volatile organic compounds. particulate lost its regulatory Regional Administrator under the Dated: August 18, 1995. significance since EPA set the same procedures published in the Federal levels for the primary and secondary Register on January 19, 1989 (54 FR Dennis Grams, Regional Administrator. PM10 standards (see 40 CFR 50.6). 2214–2225), as revised by a July 10, In other words, if Iowa had any 1995, memorandum from Mary Nichols, Part 52, chapter I, title 40 of the Code particulate matter nonattainment areas Assistant Administrator for Air and of Federal Regulations is amended as under the new standard, such areas Radiation. The Office of Management follows: would necessarily be in violation of and Budget has exempted this both the primary and secondary regulatory action from E.O. 12866 PART 52Ð[AMENDED] standard. Therefore, the provisions of review. 1. The authority citation for part 52 the former 22.5(2)c would not apply. In Unfunded Mandates addition, since Iowa currently has no continues to read as follows: designated particulate nonattainment Under sections 202, 203, and 205 of Authority: 42 U.S.C. 7401–7671q. areas, there are no particulate matter the Unfunded Mandates Reform Act of offset requirements in effect. 1995 (‘‘Unfunded Mandates Act’’), Subpart QÐIowa Iowa has chosen to amend its new signed into law on March 22, 1995, EPA 2. Section 52.820 is amended by source review rules to meet the must undertake various actions in adding paragraph (c)(61) to read as requirements of the Act. Iowa is also in association with proposed or final rules follows: the process of making additional that include a Federal mandate that may revisions to its rules to meet the result in estimated costs of $100 million § 52.820 Identification of plan. requirements of section 110 and part D or more to the private sector, or to state, local, or tribal governments in the * * * * * of title I of the Act to address the (c) * * * primary SO2 nonattainment area in aggregate. Through submission of this SIP, the (61) On October 18, 1994, and January Muscatine. Iowa’s decision to eliminate 26, 1995, the Director of the Iowa the ‘‘reasonably available’’ offset state has elected to adopt the program provided for under section 110 of the Department of Natural Resources provision is consistent with its overall submitted revisions to the state effort to meet the requirements of the Clean Air Act. These rules may bind state and local governments to perform implementation plan (SIP) to include Act, as amended in 1990. special requirements for nonattainment Therefore, because it is consistent certain actions and also require the areas, provisions for use of compliance, with the Act, and for the reasons stated private sector to perform certain duties. and enforcement information and in EPA’s June 23, 1995, notice, EPA is To the extent that the rules being adoption of EPA definitions. These approving the Iowa revision. finalized for approval by this action will impose new requirements, sources are revisions fulfill Federal regulations EPA Action already subject to these regulations which strengthen maintenance of EPA is taking final action to approve under state law. Accordingly, no established air quality standards. revisions submitted on October 18, additional costs to state or local (i) Incorporation by reference. 1994, and January 26, 1995, for the state governments, or to the private sector, (A) Revised rules ‘‘Iowa of Iowa. result from this final action. EPA has Administrative Code,’’ effective Nothing in this action should be also determined that this final action November 16, 1994. This revision construed as permitting, allowing, or does not include a mandate that may approves revised rules 567–20.2, 567– establishing a precedent for any future result in estimated costs of $100 million 22.5(1)a, 567–22.5(1)f(2), 567–22.5(1)m, request for a revision to any SIP. Each or more to state or local governments in 567–22.5(2), 567–22.5(3), 567–22.5(4)b, request for a revision to the SIP shall be the aggregate or to the private sector. 567–22.5(6), 567–22.5(7), 567–22.105(2), considered separately in light of specific Under section 307(b)(1) of the Act, and new rule 567–21.5. These rules technical, economic, and environmental petitions for judicial review of this provide for special requirements for factors, and in relation to relevant action must be filed in the United States nonattainment areas, provisions for use statutory and regulatory requirements. Court of Appeals for the appropriate of compliance and enforcement SIP approvals under section 110 and circuit by December 29, 1995. Filing a information and adopts EPA’s definition subchapter I, part D of the Act do not petition for reconsideration by the of volatile organic compound. 55200 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
(B) Revised rules, ‘‘Iowa Section, Regulation Development approval specified in USEPA’s guidance Administrative Code,’’ effective Branch (AE–17J), United States published in the Federal Register of February 22, 1995. This revision Environmental Protection Agency, June 28, 1989 (at 54 FR 27274), that approves new definitions to rule 567– Region 5, Chicago, Illinois 60604, (312) USEPA be authorized to deem relevant 20.2. This revision adopts EPA’s 886–6067. permits not federally enforceable. As a definitions of ‘‘EPA conditional result, Ohio’s rules now fully satisfy all SUPPLEMENTARY INFORMATION: method’’ and ‘‘EPA reference method.’’ criteria for FESOP program approval. (ii) Additional material. I. Review of State Submittal (Ohio also revised the language None. On April 20, 1994, Ohio submitted concerning advance notification by [FR Doc. 95–22333 Filed 10–27–95; 8:45 am] rules to provide the option for the State sources of implementation of emissions trades, replacing the phrase ‘‘advance BILLING CODE 6560±50±P to issue federally enforceable State operating permits (FESOPs). notification * * * as specified in 40 Unfortunately, the version of the rules CFR 70.4(6)(12)’’ with the phrase ‘‘seven 40 CFR Part 52 that Ohio adopted and submitted day advance notification’’; this clarification does not significantly affect [OH83±1±6991a; FRL±5299±6] inadvertently excluded some revisions requested by the United States program approvability.) During the comment period on the Approval and Promulgation of Environmental Protection Agency (USEPA). On June 16, 1994, Ohio October 25, 1994, direct final Implementation Plans; Ohio rulemaking, USEPA received two committed to make these intended comment letters. The comments in these AGENCY: Environmental Protection revisions. On the basis of this letters were not adverse or critical and Agency (USEPA). commitment, USEPA conditionally did not require withdrawal of the direct ACTION: Direct final rule. approved Ohio’s submittal on October final rulemaking. Nevertheless, it is 25, 1994, at 59 FR 53586. SUMMARY: USEPA is approving revisions On March 7, 1995, in accordance with appropriate to address these comments to Ohio’s program for issuing federally its commitment, Ohio submitted in the context of this rulemaking on enforceable State operating permits. revisions to its operating permit rules. Ohio’s March 7, 1995, submittal. The first comment was sent by the These revisions clarify that USEPA may USEPA found this submittal complete Natural Resources Defense Council deem individual permits to be deficient on March 27, 1995. (NRDC). NRDC did not object to USEPA and not federally enforceable, even if The principal revision in this approval of Ohio’s rule. However, NRDC the deficiencies are discovered only submittal was to language in Rule 3745– requested that the codification of after the permit is issued. Then, if the 35–07(B)(2). The language of the rule USEPA’s approval specify that FESOPs company wishes to retain the benefits of that Ohio submitted on April 20, 1994, shall be enforceable not just by USEPA the operating permit (typically, reduced stated: requirements for sources with ‘‘minor but also ‘‘by any person under section During the public comment period, the 304 of the Clean Air Act.’’ Section 304 source’’ allowable emissions levels), administrator may object that the terms and USEPA could require correction of the indeed provides authority to any person conditions of the permit to operate are not to bring suits to enforce limits such as permit deficiencies to ensure that the federally enforceable and the director shall permit limitations are truly federally not issue the permit to operate until such those contained in FESOPs. Thus, it is enforceable. objection has been resolved. appropriate to amend the codification in 40 CFR 52.1888 as requested by NRDC. DATES: This action is effective December USEPA expressed concern that this The second comment was sent by 29, 1995 unless adverse or critical language could be construed to mean Ohio EPA, by letter dated November 18, comments are received by November 29, that USEPA had no authority to deem 1994. As discussed above, Ohio changed 1995. If the effective date is delayed, permits not federally enforceable once rule language that could be interpreted timely notice will be published in the the permits had been issued. The March as limiting USEPA’s authority to deem Federal Register. 7, 1995, submittal, in accordance with a State operating permit as not federally ADDRESSES: Written comments should the State’s commitment as submitted enforceable after permit issuance. Ohio be addressed to: J. Elmer Bortzer, Chief, June 16, 1994, includes revised language takes the position that USEPA Regulation Development Section, that states: inherently has the authority to deem Regulation Development Branch (AR– During the public comment period, IF the these permits not federally enforceable, 18J), United States Environmental administrator OBJECTS that the terms and and that ‘‘Ohio does not believe it is in Protection Agency, 77 West Jackson conditions of the permit to operate are not a position to make a specific Boulevard, Chicago, Illinois 60604. federally enforceable the director shall not authorization regarding the scope of Copies of the SIP revision and issue the permit to operate until such USEPA’s authority in this area.’’ USEPA’s analysis are available for objection has been resolved. Therefore, Ohio argues that its rule public inspection during normal This revised language removes the revisions were not intended to provide business hours at the following implication that USEPA’s authority to ‘‘veto’’ authority to USEPA after permit addresses: United States Environmental deem State operating permits not issuance but instead were intended Protection Agency, Region 5, Air and federally enforceable is limited to the simply to remove an obstacle to USEPA Radiation Division, 77 West Jackson State’s public comment period. The fact exercising its preexisting authority. Boulevard (AE–17J), Chicago, Illinois that Ohio made this change, the revised This issue is somewhat moot, insofar 60604; and Office of Air and Radiation language itself, and the discussion of the as Ohio is not questioning USEPA’s (OAR), Docket and Information Center language by Ohio all indicate that ‘‘veto’’ authority after permit issuance (Air Docket 6102) Room M1500, United USEPA is granted the authority to deem but is merely questioning the origins of States Environmental Protection State operating permits to be not that authority. In any case, USEPA Agency, 401 M Street SW., Washington, federally enforceable after permit believes that State operating permits are DC 20460. issuance as well as before issuance. This not inherently federally enforceable, FOR FURTHER INFORMATION CONTACT: John change provides for satisfaction of the and that these permits can only be Summerhays, Regulation Development second criterion for FESOP program federally enforceable if the State grants Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55201
USEPA that authority. Indeed, one of revised by a July 10, 1995 memorandum the private sector, result from this the criteria for USEPA approval of from Mary Nichols, Assistant action. The USEPA has also determined FESOP programs in the guidance cited Administrator for Air and Radiation. that this action does not include a above is that the State provide that The Office of Management and Budget mandate that may result in estimated USEPA has such authority. From this exempted this regulatory action from costs or $100 million or more to State, perspective, Ohio has satisfied these Executive Order 12866 review. local, or tribal governments in the criteria by providing USEPA the Under the Regulatory Flexibility Act, aggregate or to the private sector. 5 U.S.C. 600 et seq., USEPA must authority to ‘‘veto’’ permits before and Under Section 307(b)(1) of the Clean prepare a regulatory flexibility analysis after issuance. Air Act, petitions for judicial review of It is also clear that Ohio prefers for assessing the impact of any proposed or this action must be filed in the United USEPA to use its pre-issuance ‘‘veto’’ final rule on small entities. (5 U.S.C. 603 States Court of Appeals for the authority rather than its post-issuance and 604.) Alternatively, USEPA may appropriate circuit by December 29, ‘‘veto’’ authority. USEPA will attempt to certify that the rule will not have a 1995. Filing a petition for honor their preference to the extent significant impact on a substantial reconsideration by the Administrator of practicable. While it may become number of small entities. Small entities this final rule does not affect the finality necessary in limited cases to address include small businesses, small not-for- of this rule for the purposes of judicial problems that were only discovered profit enterprises, and government after permit issuance, USEPA will entities with jurisdiction over review nor does it extend the time endeavor to identify permits that are not populations of less than 50,000. within which a petition for judicial federally enforceable prior to their SIP approvals under section 110 and review may be filed, and shall not issuance. subchapter I, Part D of the Act do not postpone the effectiveness of such rule create any new requirements, but or action. This action may not be II. Rulemaking Action simply approve requirements that the challenged later in proceedings to Ohio’s submittal satisfies its State is already imposing. Therefore, enforce its requirements. (See Section commitment to revise its rules to clarify because the Federal SIP approval does 307(b)(2).) that USEPA may deem State operating not impose any new requirements, I List of Subjects in 40 CFR Part 52 permits not federally enforceable. certify that it does not have a significant Therefore, USEPA is converting the impact on any small entities affected. Air pollution control, Carbon prior conditional approval to a full Moreover, due to the nature of the monoxide, Hydrocarbons, Incorporation approval. In the sense that a conditional Federal-State relationship under the by reference, Intergovernmental approval is a ‘‘temporary’’ approval, Act, preparation of a regulatory relations, Lead, Nitrogen dioxide, today’s action makes permanent Ohio’s flexibility analysis would constitute Ozone, Particulate matter, Reporting authorization to issue federally Federal inquiry into the economic and recordkeeping requirements, Sulfur enforceable State operating permits. reasonableness of State action. The Act oxides, Volatile organic compounds. The USEPA is publishing this action forbids USEPA to base its actions Note—Incorporation by reference of the without prior proposal because USEPA concerning SIPs on such grounds. views this action as a noncontroversial State Implementation Plan for the State of Union Electric Co. v. USEPA, 427 U.S. Ohio was approved by the Director of the revision and anticipates no adverse 246, 256–66 (S.Ct. 1976); 42 U.S.C. Federal Register on July 1, 1982. comments. However, USEPA is 7410(a)(2). Dated: September 5, 1995. publishing a separate document in Under Sections 202, 203, and 205 of today’s Federal Register, which the Unfunded Mandates Reform Act of Michelle D. Jordan, constitutes a ‘‘proposed approval’’ of the 1995, signed into law on March 22, Acting Regional Administrator. requested SIP revision and clarifies that 1995, USEPA must undertake various Title 40 of the Code of Federal the rulemaking will not be deemed final actions in association with proposed or Regulations, chapter I, part 52, is if we receive timely adverse or critical final rules that include a Federal amended as follows: comments. The ‘‘direct final’’ approval mandate that may result in estimated shall be effective on December 29, 1995, costs of $100 million or more to the PART 52Ð[AMENDED] unless USEPA receives adverse or private sector, or to State, local, or tribal critical comments by November 29, governments in the aggregate. 1. The authority citation for part 52 1995, in which case USEPA will publish Through submission of the State continues to read as follows: a Federal Register document which implementation plan or plan revisions withdraws this final action. All public approved in this action, the State has Authority: 42 U.S.C. 7401 - 7671q. elected to adopt the program provided comments received will then be Subpart KKÐOhio addressed in a subsequent rulemaking for under sections 110 and 112 of the Clean Air Act. The rules and document. 2. Section 52.1870 is amended by commitments being approved in this Nothing in this action should be adding paragraph (c)(98) to read as action allow sources to request construed as permitting, allowing or follows: establishing a precedent for any future additional limitations (typically for the request for revision to any SIP. USEPA purpose of avoiding major source § 52.1870 Identification of plan. shall consider each request for revision permitting requirements), but otherwise * * * * * to the SIP in light of specific technical, do not impose any requirements on economic, and environmental factors State, local and tribal governments or (c) * * * and in relation to relevant statutory and private sector concerns. Thus, USEPA’s (98) On April 20, 1994, and March 7, regulatory requirements. action will impose no new 1995, Ohio submitted Rule 3745–35–07, This action has been classified as a requirements; and sources requesting entitled ‘‘Federally Enforceable Table 3 action by the Regional limitations may in any case already Limitations on Potential to Emit,’’ and Administrator under the procedures request these limitations under State requested authority to issue such published in the Federal Register on law. Accordingly, no additional costs to limitations as conditions in State January 19, 1989 (54 FR 2214–2225), as State, local, or tribal governments, or to operating permits. 55202 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
(i) Incorporation by reference. Rule Protection Agency, 401 M Street SW., characteristics of hazardous waste 3745–35–07, adopted November 3, Washington, DC 20460. identified in subpart C, are regulated as 1994, effective November 18, 1994. SUPPLEMENTARY INFORMATION: The a hazardous waste under subtitle C of * * * * * contents of today’s document are listed RCRA only if the resultant mixture 3. Section 52.1888 is revised to read in the following outline: exhibits a hazardous waste as follows: I. Background characteristic. 40 CFR 279.10(b)(2)(i). If II. Basis for Stay of Used Oil Mixture Rule the mixture does not exhibit a § 52.1888 Operating permits. III. Agency Action hazardous waste characteristic, it is Emission limitations and related IV. Effects on State Authorization regulated under the used oil provisions which are established in V. Executive Order 12866 management standards, and the Ohio operating permits as federally VI. Paperwork Reduction Act hazardous waste regulations (including enforceable conditions in accordance I. Background those relating to LDRs) are inapplicable.1 40 CFR 279.10(b)(2)(ii)– with Rule 3745–35–07 shall be Section 3014(a) of the Resource enforceable by USEPA and by any (iii). Conservation and Recovery Act (RCRA), Two weeks after EPA promulgated the person under section 304 of the Clean 42 U.S.C. 6935(a), requires EPA to Air Act. USEPA reserves the right to used oil management standards, the establish management standards for D.C. Circuit issued its decision in deem permit conditions not federally used oil destined for recycling. Those enforceable. Such a determination will Chemical Waste Management, Inc. v. standards must protect public health EPA, 976 F.2d 2 (D.C. Cir. 1992), cert. be made according to appropriate and the environment and, to the extent procedures, and will be based upon the denied, 113 S.Ct. 1961 (1993), a possible within that context, not challenge to portions of the Agency’s permit, permit approval procedures or discourage used oil recycling. permit requirements which do not LDR regulations that did not prohibit Section 3014(a) was added to RCRA dilution of certain characteristic conform with the operating permit by the Used Oil Recycling Act of 1980, program requirements or the hazardous wastes as a form of Pub. L. No. 96–463, § 7(a), 94 Stat. 2055, treatment.2 The issue before the court requirements of USEPA’s underlying 2057 (1980). As originally enacted, regulations. was whether these regulations satisfied section 3014(a) required EPA to the requirements of RCRA section § 52.1919 [Amended] establish performance standards and 3004(m), which mandates that treatment other requirements as may be necessary 4. Section 52.1919 is amended by substantially diminish the toxicity of to protect the public health and the removing paragraph (a)(2). hazardous waste or the likelihood of environment from hazards associated migration of hazardous constituents [FR Doc. 95–26589 Filed 10–27–95; 8:45 am] with recycled oil, but also specified that from hazardous waste so that short-term BILLING CODE 6560±50±P the Agency shall ‘‘ensure that such and long-term threats to human health regulations do not discourage the and the environment are minimized. recovery or recycling of used oil.’’ The The court held that, in authorizing 40 CFR Part 279 Hazardous and Solid Waste dilution as a form of treatment for [FRL 5313±5] Amendments of 1984 (HSWA), Pub. L. certain characteristic hazardous wastes, 98–616, § 242, 98 Stat. 3221, 3260 the Agency had not satisfied the Hazardous Waste Management (1984), slightly altered the language of requirements of RCRA section 3004(m) System; Recycled Used Oil RCRA section 3014(a) to require that, in because dilution only removed the Management Standards developing regulations addressing short-term threat posed by the recycled used oil, the Agency shall characteristic, and did not address the AGENCY: Environmental Protection ensure that such regulations do not Agency. long-term threat posed by hazardous discourage the recovery or recycling of constituents that could be present in ACTION: Administrative stay. used oil, ‘‘consistent with the protection such wastes.3 of human health and the environment.’’ SUMMARY: The Environmental Protection Petitions for review challenging EPA’s On September 10, 1992, EPA used oil mixture rule subsequently were Agency (EPA or the Agency) today is promulgated regulations pursuant to announcing an administrative stay of filed in the D.C. Circuit. Safety-Kleen RCRA section 3014(a) governing the Corp. v. EPA, No. 92–1629 (D.C. Cir.). the regulatory provisions set forth in 40 management of used oil destined for CFR 279.10(b)(2) applicable to mixtures recycling. 57 FR 41566 (1992). These 1 of used oil destined for recycling and In a separate part of the used oil regulations, regulations are codified at 40 CFR Part EPA specified that mixtures of used oil and listed either characteristic hazardous waste or 279. As part of these regulations, EPA hazardous waste, except for wastes listed solely waste listed as hazardous because it because they exhibit one or more of the promulgated a used oil mixture rule, 40 characteristics of hazardous waste identified in exhibits a hazardous waste CFR 279.10(b), that specifies when characteristic. The stay reinstates for subpart C of 40 CFR Part 261, must be handled as mixtures of used oil destined for hazardous waste under subtitle C of RCRA and may these mixtures the regulatory recycling and hazardous waste are not be managed as used oil. 40 CFR 279.10(b)(1); requirements ordinarily applicable to 57 Fed. Reg. at 41,581. That provision is not regulated as used oil and when they are impacted by this stay. mixtures containing hazardous waste, regulated as hazardous waste. Among along with other applicable regulatory 2 The LDR regulations, codified at 40 CFR Part other things, the used oil mixture rule 268, were promulgated pursuant to Section 3004 of requirements, including but not limited specifies that mixtures of used oil RCRA, 42 U.S.C. 6924, which restricts the land to the 40 CFR Part 268 land-disposal destined for recycling and waste that is disposal of certain hazardous wastes beyond specified dates unless the wastes are treated restrictions (‘‘LDRs’’), until the Agency hazardous solely because it exhibits one completes a new rulemaking addressing according to treatment standards established by the or more of the hazardous waste Agency. 40 CFR 279.10(b)(2). characteristics identified in subpart C of 3 Pursuant to the Chemical Waste Management EFFECTIVE DATE: December 29, 1995. 40 CFR Part 261, and mixtures of used decision, the Agency has promulgated revisions to the 40 CFR Part 268 land disposal restrictions FOR FURTHER INFORMATION CONTACT: oil and hazardous waste that is listed in applicable to mixtures containing characteristic Tracy Bone at (202) 260–3509, Office of subpart D of 40 CFR Part 261 solely hazardous waste. See 58 Fed. Reg. 29860 (1993); 59 Solid Waste (5304), U.S. Environmental because it exhibits one or more of the Fed. Reg. 47982 (1994). Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55203
Citing the Chemical Waste Management II. Basis for Stay of Used Oil Mixture without adequate prior treatment. (The decision, some petitioners asserted that Rule Agency will conduct fact-finding on this the used oil mixture rule violates RCRA The only issue addressed in today’s point as part of the upcoming section 3004(m) because it allows document concerns the status of the rulemaking.) The Chemical Waste certain characteristic hazardous wastes contested used oil mixture rule, 40 CFR Management decision, however, to be ‘‘de-characterized’’ by dilution 279.10(b)(2), while the new rulemaking appears to indicate that such mixtures with used oil destined for recycling, and process addressing that provision is should be subject to LDRs, unless no to avoid compliance with LDRs. As a undertaken. Section 705 of the hazardous constituents are present in result, these mixtures (or residuals Administrative Procedures Act, 5 U.S.C. concentrations sufficient to pose a threat derived therefrom) might be disposed in 705, authorizes EPA to postpone the to human health or the environment. land-disposal units without adequate effective date of action taken by it when Because the Agency believes there is a prior treatment, despite the fact that ‘‘justice so requires,’’ pending judicial strong likelihood that the used oil mixture rule needs to be modified in they may contain significant levels of review. As discussed in detail below, light of the Chemical Waste hazardous constituents in EPA believes that a stay of the rule is Management decision, this stay is in the concentrations sufficient to pose a threat in the interests of justice. It will enable to human health and the environment. interests of justice.4 the Agency to address the precedential This administrative stay also is EPA subsequently joined with the impact of the Chemical Waste justified on the ground that human petitioners in the Safety-Kleen Corp. Management decision before the health and the environment are better case in moving for a voluntary vacatur regulation takes effect, it will help protected if mixtures of used oil of the used oil mixture rule to consider ensure that mixtures of used oil destined for recycling and characteristic the impact of the Chemical Waste destined for recycling and characteristic hazardous waste are subject to LDRs like Management case on the used oil hazardous wastes are managed in a other mixtures containing characteristic mixture rule. In an order dated manner protective of human health and hazardous waste until the follow-up September 15, 1994, the D.C. Circuit, the environment until the follow-up rulemaking addressing the used oil rather than vacating the rule, remanded rulemaking concerning the used oil mixture rule is completed. In particular, the record in the case to the Agency mixture rule is completed, it will limit EPA believes that further analysis is with the limited instruction that ‘‘[i]f inconvenience to and confusion and needed to determine whether mixtures the EPA determines that its rule is inconsistency among the States and of used oil destined for recycling and invalid, * * * it can proceed within the regulated community characteristic hazardous wastes differ accordingly.’’ The court, however, concerning how such mixtures are to be significantly from other mixtures retained jurisdiction over the case, so it managed, and it will impose no containing characteristic wastes in still is pending before the D.C. Circuit significant burden on the States or the terms of potential threat to human for judicial review. regulated community. health and the environment.5 Under the This administrative stay of the used used oil mixture rule as currently Consistent with the D.C. Circuit’s oil mixture rule reflects EPA’s remand, the Agency plans to propose a written, some such mixtures (or recognition that the Chemical Waste residuals derived therefrom) may be rule in the near future concerning how Management decision raises significant mixtures of used oil destined for disposed in land-disposal units without legal issues, and may be controlling adequate prior treatment. To address recycling and characteristic hazardous authority, concerning the applicability wastes should be regulated under RCRA of LDR regulations to mixtures of used 4 section 3014(a) in light of the Chemical RCRA section 3014(a) requires the Agency to oil destined for recycling and ensure that regulations concerning used oil ‘‘do not Waste Management decision and other characteristic hazardous wastes. As discourage the recovery or recycling of used oil,’’ appropriate policy and legal noted above, the D.C. Circuit held in consistent with the protection of human health and considerations, and requesting public the environment. Based upon this language, some that case that, in authorizing dilution as may argue that the regulatory requirements comment on those views. Through this a form of treatment for certain applicable to mixtures of used oil and characteristic rulemaking, the parties to the Safety- characteristic hazardous wastes, the hazardous waste appropriately may differ from Kleen Corp. case, along with all other Agency had not satisfied the mandate of those applicable to other mixtures containing interested persons, will have the characteristic hazardous waste for purposes of the RCRA section 3004(m) because dilution land-disposal restrictions. The possible merits of opportunity to submit comments for the only removed the short-term threat such an interpretation will be explored in the Agency’s consideration in reaching a posed by the characteristic, and did not rulemaking concerning 40 CFR 279.10(b)(2) to be initiated in the near future. decision concerning whether the used address the long-term threat posed by oil mixture rule should be revised. 5 The used oil mixture regulations distinguish hazardous constituents that could be mixtures of used oil and wastes exhibiting the For the reasons discussed below, EPA present in such wastes. characteristic of corrosivity, reactivity and toxicity also is issuing this administrative stay of As currently written, the used oil from mixtures of used oil and wastes exhibiting only the characteristic of ignitability. Compare 40 the used oil mixture rule pending mixture rule provides that certain CFR 279.10(b)(2) (i) and (ii) with 40 CFR completion of this rulemaking. For mixtures of used oil destined for 279.10(b)(2)(iii). As to wastes exhibiting the mixtures of used oil destined for recycling and characteristic hazardous characteristic of ignitability, the Agency explained recycling and either characteristic are subject exclusively to the used oil that ‘‘mixing to manage ignitable solvents appears to be acceptable, provided the characteristic of hazardous waste or waste listed as management standards, which do not ignitability of the ignitable solvents is removed.’’ 57 hazardous because it exhibits a include LDRs. Thus, the mixture rule, in FR at 41581. EPA noted, as its basis for this hazardous waste characteristic, this stay effect, allows dilution of certain statement, that ‘‘mixing the solvents in with used reinstates the regulatory requirements, characteristic hazardous wastes with oil should not affect the chemical constituents or other properties of used oil’’ because the solvents ordinarily applicable to mixtures used oil, instead of treatment under are petroleum fractions. Id. EPA is not repudiating containing hazardous waste, set forth in section 3004(m). As a result, some such that statement today, but believes further analysis 40 CFR 261.3 (a)(2) and (d)(1), along mixtures (or residuals derived should be undertaken of mixtures of used oil and with other applicable regulatory therefrom) containing significant levels ignitable characteristic hazardous wastes to determine the extent to which such mixtures provisions, as revised, including but not of hazardous constituents potentially contain hazardous constituents that may endanger limited to LDRs. may be disposed in land-disposal units human health or the environment. 55204 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations this concern, during the pendency of the stemming from the Chemical Waste time period during which the States are stay mixtures of used oil destined for Management decision and the pendency to modify their programs EPA action on recycling and characteristic hazardous of the Safety-Kleen Corp. case. the new rulemaking addressing the used wastes will be subject to LDRs. As a Accordingly, this stay also is justified oil mixture rule renders such action by result, the stay also is in the interests of because avoiding inconvenience to and the States unnecessary). See 40 CFR justice because it is protective of public confusion and inconsistency within the 271.21(e)(2). Therefore, States that health and the environment. regulated community is in the public already have modified their programs This administrative stay also is interest. consistent with the used oil mixture justified because it will avoid Finally, EPA believes that neither the rule have flexibility to respond in an inconvenience to and confusion and States nor the regulated community will appropriate time frame to the stay. inconsistency among the States. be significantly burdened or suffer In addition, the regulated community Confusion within the States concerning irreparable harm as a result of this in these States will be impacted only at how used oil mixtures should be administrative stay. As discussed above, such time as the States modify their regulated stems from the strong most authorized States have not yet programs. Even in States that do modify likelihood that the used oil mixture rule adopted the used oil mixture rule, and their programs, the factors limiting the will need to be modified consistent with they will have no obligation to adopt impact on the regulated community the Chemical Waste Management that rule during the pendency of this discussed above would be applicable. decision and the pendency of the stay. The stay will reinstate the The majority of States have not Safety-Kleen Corp. case. regulatory requirements applicable to modified their programs to incorporate As discussed more fully below, only hazardous waste mixtures set forth in 40 the provisions of the used oil mixture a limited number of States authorized to CFR 261.3(a)(2) and (d)(1) on December rule, so they will not be significantly administer and enforce the RCRA 29, 1995 in only four States that lack impacted by the stay because they program for hazardous wastes and used authorization to administer and enforce simply can maintain the status quo until oil have yet modified their programs to the RCRA programs for hazardous waste the stay is lifted. In addition, in these reflect the new Federal used oil and used oil. Since these States do not States the regulated community will not management standards, but most were have authorized programs, the States be significantly impacted because it required to do so by July 1, 1995. themselves will not be impacted by the simply will have a continuing, Requiring States to complete the stay. uninterrupted obligation to comply with significant task of modifying their In addition, the impact on small the same regulatory requirements it has programs under circumstances such as businesses in these States will be been subject to in the past, and the these, in which there is a strong limited.6 Businesses that do not factors limiting the impact on the likelihood that the used oil mixture rule generate characteristic hazardous waste, regulated community discussed above will need to be modified in light of the and those that do generate such waste will be applicable here as well. Chemical Waste Management decision, but that either do not mix such waste III. Agency Action could result in States being required to with used oil or are exempt from make changes and then undo them in hazardous waste regulation because As discussed above, EPA is issuing an short order. These circumstances also they are conditionally exempt small administrative stay of the used oil may result in uneven implementation quantity generators pursuant to 40 CFR mixture rule, 40 CFR 279.10(b)(2), until and enforcement of the regulatory 261.5 (i.e., they generate no more than the Agency completes a new rulemaking requirements concerning mixtures of 100 kilograms of hazardous waste per addressing that provision. This stay is used oil destined for recycling and month), will not be impacted by the issued pursuant to section 705 of the characteristic hazardous waste. To avoid stay. Moreover, large and small Administrative Procedures Act, 5 U.S.C. these concerns, during the pendency of generators alike can avoid having to 705, which authorizes EPA to postpone this stay, authorized States simply will comply with RCRA regulatory the effective date of action taken by it be required to maintain (or adopt on a requirements applicable to hazardous when justice so requires, pending reasonable schedule) regulations no less waste mixtures during the pendency of judicial review. stringent than otherwise applicable EPA the stay simply by not mixing used oil In its Order dated September 15, regulations governing mixtures of used and characteristic hazardous wastes. 1994, the D.C. Circuit expressly retained oil destined for recycling and Additionally, during the pendency of jurisdiction over the Safety-Kleen Corp. characteristic hazardous wastes. See 40 the stay, the Agency intends to focus its case, so that case still is pending before CFR 261.3(a)(2) and (d)(1). Thus, this enforcement-related activities only on the court for judicial review. In stay also is in the public interest large-quantity generators whose conduct addition, the Agency finds that justice because it avoids inconvenience to and is especially egregious. requires the issuance of this confusion and inconsistency among the The limited number of States that administrative stay because, as States. have modified their programs to discussed in detail above, it will enable Similarly, this administrative stay is incorporate the used oil mixture rule the Agency to address the precedential justified because it will avoid also will not be significantly burdened impact of the Chemical Waste inconvenience to and confusion and by the stay. They are not required to Management decision before the inconsistency within the regulated modify their programs by the effective regulation takes effect, it will help community. The regulated community, date of the stay, but rather are required, ensure that mixtures of used oil which is comprised of thousands of on a reasonable schedule, to adopt destined for recycling and characteristic small businesses, must comply with requirements no less stringent than the hazardous wastes are managed in a EPA (or no less stringent State) federal requirements (unless during the manner protective of human health and regulations applicable to mixtures of the environment until the follow-up used oil destined for recycling and 6 Persons who change their own oil (so-called rulemaking concerning the used oil characteristic hazardous wastes, and the ‘‘do-it-yourself ’’ or ‘‘DIY’’ used oil) are not subject mixture rule is completed, it will limit to the used oil regulations, 40 CFR 279.20(a)(1), and goal of obtaining consistent and this stay does not change how DIY used oil is inconvenience to and confusion and thorough compliance with those regulated under subtitles C and D of RCRA. See 40 inconsistency among the States and regulations is ill served by the confusion CFR 261.4(b)(1). within the regulated community Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55205 concerning how such mixtures are to be enacted, authorized States must develop programs to reflect the new Federal managed, and it will impose no equivalent authorities within the time used oil management standards. In significant burden on the States or the frame set out in 40 CFR Part 271. The those States, today’s stay has the effect regulated community.7 new Federal requirements do not take of requiring them to remodify their effect in an authorized State until the programs to reinstate the more stringent IV. Effects on State Authorization State adopts the requirements as State requirements of the preexisting Under RCRA section 3006, 42 U.S.C. law, and EPA may not enforce them regulations within the time frame set 6926, EPA may authorize qualified until it approves the State requirements out in 40 CFR 271.21(e)(2). These time States to administer and enforce the as a revision to the authorized State frames may be extended in certain cases RCRA program for hazardous wastes program. under 40 CFR 271.21(e)(3), and, of within the State. See 40 CFR Part 271. The used oil management standards, course, may be affected by the Section 3006(h) allows EPA to authorize 40 CFR Part 279, were promulgated completion of the new rulemaking State used oil management programs in under section 3014(a) of RCRA, a addressing the used oil mixture rule to the same manner as State hazardous provision that predates the enactment of be initiated in the near future. In the waste programs, even if EPA does not HSWA. As a result, the new standards remaining authorized States, today’s list used oil as a hazardous waste. took effect in the four States (Wyoming, stay has the effect of requiring these EPA retains enforcement authority Alaska, Hawaii and Iowa) that lack States to maintain their preexisting under sections 3008, 7003 and 3013 of authorization to administer and enforce regulations, which should be no less RCRA following authorization of State the RCRA programs for hazardous waste stringent than the EPA regulations hazardous waste and used oil programs, and used oil on March 8, 1993. See 57 governing mixtures containing although authorized States have primary FR 41566, 41605 (1992). In these States, characteristic hazardous wastes enforcement authority. Sections 3008 as of December 29, 1995, today’s applicable prior to promulgation of the (d)(4), (d)(5) and (d)(7) of RCRA further document stays the provisions of 40 used oil mixture rule, until the Agency clarify that EPA may assess criminal CFR 279.10(b)(2), and reinstates the completes a new rulemaking addressing penalties for violations of used oil regulatory requirements applicable to 40 CFR 279.10(b)(2). standards even if it does not identify hazardous waste mixtures set forth in 40 8 used oil as a hazardous waste. Once CFR 261.3 (a)(2) and (d)(1), and other V. Executive Order 12866 EPA grants authorization to a State, the applicable provisions, as revised, Under Executive Order 12866, the State’s requirements become federally including but not limited to the 40 CFR Agency must determine whether a enforceable under subtitle C of RCRA. In Part 268 LDRs, until the Agency regulatory action is ‘‘significant’’ and States that do not have authorization to completes a new rulemaking addressing therefore subject to OMB review and the administer and enforce the RCRA 40 CFR 279.10(b)(2). requirements of the Executive Order. programs for hazardous wastes and used In States authorized to administer the That Order defines ‘‘significant oil, Federal requirements are applicable. RCRA programs for hazardous waste regulatory action’’ as one that is likely For rules written under RCRA and used oil, the new Federal used oil to result in a rule that may: provisions that predate the enactment of requirements do not become applicable (1) Have an annual effect on the HSWA in 1984, authorized States until the States revise their programs to economy of $100 million or more or administer their hazardous waste and adopt equivalent requirements under adversely affect in a material way the used oil management programs entirely State law. The used oil mixture rule, economy, a sector of the economy, under State law in lieu of EPA’s Federal unlike most provisions of the used oil productivity, competition, jobs, the program. The Federal requirements no management standards, generally is less environment, public health or safety, or longer apply in authorized States. When stringent than preexisting Federal State, local, or tribal governments or new, more stringent Federal regulatory requirements applicable to communities; requirements are promulgated or mixtures containing characteristic (2) Create a serious inconsistency or hazardous waste. Compare 40 CFR otherwise interfere with an action taken 7 Although EPA does not regard today’s 279.10(b)(2) with 40 CFR 261.3 (a)(2) or planned by another agency; administrative stay as a rule subject to the (3) Materially alter the bugdetary requirements of 5 U.S.C. 553, were it viewed as a and (d)(1). As a result, at the time the rule there is good cause for issuing the stay without used oil management standards were impact of entitlements, grants, user fees, prior notice and opportunity for comment pursuant promulgated, States with authorized or loan payments or the rights and to § 553(b)(3)(B) for the same reasons that issuing programs had regulatory requirements obligations of recipients thereof; or the stay is in the interests of justice outlined above. (4) Raise novel legal or policy issues In addition, EPA does not view today’s stay as in place applicable to mixtures of used subject to the requirement of RCRA Section 3010(b) oil and characteristic hazardous wastes arising out of legal mandates, the that regulations take effect six months after similar to the preexisting, more President’s priorities, or the principles promulgation, but were it viewed as subject to that stringent Federal requirements. set forth in the Executive Order. provision the earlier effective date of this stay, For authorized States in which no It has been determined that this rule December 29, 1995, is warranted because the is not a ‘‘significant regulatory action’’ regulated community does not need six months to statutory change was required to modify come into compliance with the stay. As noted their hazardous waste and used oil under the terms of Executive Order above, in the vast majority of States, the regulated programs, the State programs were to be 12866 and is therefore not subject to community still operates under the regulatory OMB review. framework in effect prior to the promulgation of 40 modified to reflect the new Federal used CFR 279.10(b)(2), and the regulated community will oil requirements by July 1, 1994. See 57 VI. Paperwork Reduction Act not need to change its practices within those States. Fed. Reg. 41566, 41605 (1992). For In the limited number of States in which the used authorized States in which a statutory This action does not contain any new oil mixture rule has become effective, the regulated information collection requirements community operated under the regulatory change was required to modify their programs to reflect the new Federal subject to Office of Management and framework in effect prior to the promulgation of 40 Budget (‘‘OMB’’) review under the CFR 279.10(b)(2) until recently, and readily should used oil requirements, new State be able to conform its conduct to those requirements were to become effective requirements. In addition, there is good cause for 8 EPA has evaluated the applicability of Executive adopting an earlier effective date for the same by July 1, 1995. Id. Order 12866 to the administrative stay even though, reasons that issuing the stay is in the interests of To date, only a limited number of as noted above, the Agency does not regard the stay justice outlined above. authorized States have modified their as a rule. 55206 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations provisions of the Paperwork Reduction and 271, until the Agency completes a new Authority: Secs. 303, 48 Stat., as amended, Act, 44 U.S.C. 3501, et seq. Today’s rulemaking addressing that provision. 1082; 47 U.S.C. 154, as amended. action reinstates preexisting information * * * * * § 73.202 [Amended] collection requirements imposed under [FR Doc. 95–26459 Filed 10–27–95; 8:45 am] existing RCRA regulations. These BILLING CODE 6560±50±P 2. Section 73.202(b), the Table of FM requirements have been approved by Allotments under Alabama, is amended OMB under the Paperwork Reduction by removing Channel 293C3 at Bay Act and have been assigned OMB FEDERAL COMMUNICATIONS Minette, and by adding Daphne, Control Number 2050–0085 (see ICR COMMISSION Channel 293C2. # 1442.04, land-disposal restrictions for Federal Communications Commission. newly listed waste and hazardous 47 CFR Part 73 # John A. Karousos, debris; ICR 1442.05, land-disposal [MM Docket No. 93±313; RM±8390] restrictions for ignitable and corrosive Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. characteristic wastes; ICR #1442.06, Radio Broadcasting Services; Bay land-disposal restrictions for newly Minette and Daphne, AL [FR Doc. 95–26695 Filed 10–27–95; 8:45 am] listed and identified wastes; and ICR BILLING CODE 6712±01±F #1442.07, land-disposal restrictions for AGENCY: Federal Communications decharacterized wastewaters, Commission. carbomate, and organobromine waste ACTION: Final rule. 47 CFR Part 73 and spent aluminum potliners). SUMMARY: This document reallots [MM Docket No. 90±283; RM±7222, RM± List of Subjects in 40 CFR Part 279 Channel 293C2 (formerly Channel 7313, RM±7485, RM±7486] Environmental protection, Petroleum, 293C3), from Bay Minette to Daphne, Recycling, Reporting and recordkeeping Alabama, and modifies the license of Radio Broadcasting Services; requirements, Used oil. Baldwin Broadcasting Company for Southampton, Bridgehampton, Station WAVH(FM), as requested, Dated: October 3, 1995. Westhampton and Calverton-Roanoke, pursuant to the provisions of Section NY Carol M. Browner, 1.420(i) of the Commission’s Rules. The Administrator. allotment of Channel 293C2 to Daphne AGENCY: Federal Communications For the reasons set out in the will provide a first local aural Commission. preamble, title 40 of the Code of Federal transmission service to that community Regulations is amended as follows: without depriving Bay Minette of local ACTION: Final rule. aural transmission service. See 59 FR PART 279ÐSTANDARDS FOR THE 43, January 3, 1994. Coordinates used SUMMARY: This document denies an MANAGEMENT OF USED OIL for Channel 293C2 at Daphne, Alabama, Application for Review filed by American Media, Inc., and a Petition for 1. The authority citation for part 279 are 30–46–21 and 88–03–31. With this Reconsideration filed by East Shore continues to read as follows: action, the proceeding is terminated. EFFECTIVE DATE: December 8, 1995. Broadcasting Corporation, both directed Authority: Sections 1006, 2002(a), 3001 to the Report and Order in this through 3007, 3010, 3014, and 7004 of the FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202) proceeding concerning radio Solid Waste Disposal Act, as amended (42 broadcasting services in New York. See U.S.C. 6905, 6912(a), 6921 through 6927, 418–2180. 57 FR 31664, July 17,1992. With this 6930, 6934, and 6974); and Sections 101(37) SUPPLEMENTARY INFORMATION: This is a and 114(c) of CERCLA (42 U.S.C. 9601(37) synopsis of the Commission’s Report action, the proceeding is terminated. and 9614(c)). and Order, MM Docket No. 93–313, EFFECTIVE DATE: October 30, 1995. 2. Section 279.10(b)(2) is amended by adopted October 13, 1995, and released FOR FURTHER INFORMATION CONTACT: adding the following note immediately October 24, 1995. The full text of this Robert Hayne, Mass Media Bureau, after paragraph (b)(2)(iii) to read as Commission decision is available for (202) 776–1654. follows: inspection and copying during normal business hours in the FCC’s Reference SUPPLEMENTARY INFORMATION: This is a § 279.10 Applicability. Center (Room 239), 1919 M Street, NW., synopsis of the Commission’s * * * * * Washington, DC. The complete text of Memorandum Opinion and Order, MM (b) * * * this decision may also be purchased Docket No. 90–283, adopted August 24, (2) * * * from the Commission’s copy 1995, and released October 24, 1995. Note to paragraph (b)(2) of this section: contractors, International Transcription The full text of this Commission The regulatory requirements set forth in 40 Service, Inc., (202) 857–3800, located at decision is available for inspection and CFR 279.10(b)(2) for mixtures of used oil and 1919 M Street, NW., Room 246, or 2100 copying during normal business hours hazardous waste that solely exhibits one or M Street, NW., Suite 140, Washington, in the FCC Reference Center (Room more of the hazardous waste characteristics DC 20037. identified in subpart C of 40 CFR Part 261, 2390, 1919 M Street, NW., Washington, and mixtures of used oil and hazardous List of Subjects in 47 CFR Part 73 DC. The complete text of this decision waste that are listed in subpart D of 40 CFR may also be purchased from the Part 261 solely because it exhibits one or Radio broadcasting. Commission’s copy contractor, more of the characteristics of hazardous Part 73 of title 47 of the Code of International Transcription Service, waste identified in subpart C, are Federal Regulations is amended as Inc., (202) 857–3800, 1919 M Street, administratively stayed as of December 29, follows: NW., Room 246, or 2100 M Street, NW., 1995. The effect of the stay is to reinstate for Suite 140, Washington, DC 20037. such mixtures the regulatory requirements PART 73Ð[AMENDED] otherwise applicable to hazardous waste List of Subjects in 47 CFR Part 73 mixtures, including but not limited to those 1. The authority citation for part 73 set forth in 40 CFR Parts 260–266, 268, 270, continues to read as follows: Radio broadcasting. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55207
Federal Communications Commission. rule/technical amendment corrects and 2. In § 651.32, paragraphs (b)(4) and William F. Caton, clarifies the regulation and relieves the (b)(5) are revised to read as follows: Acting Secretary. HPRT of the unintended requirement to analyze and refine its own § 651.32 Sink gillnet requirements to [FR Doc. 95–26749 Filed 10–27–95; 8:45 am] reduce harbor porpoise takes. BILLING CODE 6712±01±F recommendations for publication in the Federal Register. * * * * * (b) * * * Section 651.32(b)(4) also can be read (4) Upon receiving the to mean that the Regional Director is DEPARTMENT OF COMMERCE recommendation of the HPRT of any required to provide the public with any changes or additions to the ‘‘reduction necessary analysis and opportunity to National Oceanic and Atmospheric of take’’ measures, the Council will comment on any recommended changes Administration provide the public with any necessary or additions by the HPRT, before the analysis and opportunity to comment on 50 CFR Part 651 Council adopts them. This final rule/ any recommended changes or additions. [Docket No. 950124025±5255±02; I.D. technical amendment corrects and (5) After receiving public comment, 100395B] clarifies the regulation and assigns the the Council shall determine whether to Council with the responsibility for recommend changes or additions to the Northeast Multispecies Fishery; providing the public with any necessary ‘‘reduction of take’’ measures at a Framework Procedure to Protect analysis and opportunity to comment on Council meeting following the meeting Harbor Porpoise any changes recommended by the at which it received the HPRT’s HPRT, as originally intended. recommendations. AGENCY: National Marine Fisheries Finally, section 651.32(b)(5) seems to * * * * * Service (NMFS), National Oceanic and require a minimum of three Council Atmospheric Administration (NOAA), meetings, instead of two, as intended, [FR Doc. 95–26758 Filed 10–25–95; 10:10 am] Commerce. before the Council shall determine ACTION: Final rule; technical whether to recommend changes or BILLING CODE 3510±22±F amendment. additions to the ‘‘reduction of take’’ measures in the harbor porpoise bycatch SUMMARY: 50 CFR Part 651 NMFS issues this final rule to of the Gulf of Maine sink gillnet fishery. correct and clarify certain sections of This final rule clarifies that at least two [Docket No. 951023256±5256±01; I.D. the regulations that implement the meetings are required, instead of three, 101695E] framework procedures for adjusting making it consistent with the framework Northeast Multispecies Fishery; regulatory measures to protect harbor adjustment provisions included Framework Adjustment 12 porpoise under the Northeast elsewhere in the Northeast Multispecies Multispecies Fishery Management Plan FMP and other FMPs. AGENCY: National Marine Fisheries (FMP). This action is necessary to make Service (NMFS), National Oceanic and these measures consistent with the Classification Atmospheric Administration (NOAA), intent of Amendment 5 to the Northeast Because this rule only corrects and Commerce. Multispecies Fishery Management Plan clarifies the Council’s intent regarding a ACTION: Final rule. submitted by the New England Fishery section of an existing regulation for Management Council (Council). which prior notice and opportunity for SUMMARY: NMFS issues this final rule to EFFECTIVE DATE: October 25, 1995. public comment were provided, under 5 implement measures contained in FOR FURTHER INFORMATION CONTACT: E. U.S.C. 553(b)(B) it is unnecessary to Framework Adjustment 12 to the Martin Jaffe, Fishery Policy Analyst, provide additional notice and Northeast Multispecies Fishery 508–281–9272. opportunity for comment. Further, in Management Plan (FMP). This rule SUPPLEMENTARY INFORMATION: that this rule is merely a clarification expands and redefines the Mid-coast Regulations implementing Amendment with no substantive effect, it is not Closure Area for sink gillnet gear, in 5 to the FMP were published on March subject to the 30-day delay in effective both area and time during 1995, to 1, 1994 (59 FR 9872), and corrected on date provision of 5 U.S.C. 553(d). reduce the bycatch of harbor porpoise, February 2, 1995 (60 FR 6447). This rule is exempt from review while minimizing the loss of fishing Amendment 5, among other provisions, under E.O. 12866. opportunity to harvesters using sink gillnet gear. implemented a framework adjustment List of Subjects in 50 CFR Part 651 procedure for the purpose of achieving EFFECTIVE DATE: November 1, 1995. harbor porpoise mortality reduction Fisheries, Fishing, Reporting and ADDRESSES: Copies of Amendment 5 to goals. The section of the regulations recordkeeping requirements. the Northeast Multispecies Fishery implementing Amendment 5, pertaining Dated: October 24, 1995. Management Plan (Amendment 5), its to the ‘‘reduction of take’’ measures in Richard H. Schaefer, regulatory impact review (RIR) and the the harbor porpoise bycatch of the Gulf Acting Assistant Administrator for Fisheries, final regulatory flexibility analysis of Maine sink gillnet fishery, does not National Marine Fisheries Service. contained with the RIR, its final reflect clearly the intent of the Council For the reasons set out in the supplemental environmental impact with respect to the role of the Harbor preamble, 50 CFR part 651 is amended statement, and Framework Adjustment Porpoise Review Team (HPRT) and the as follows: 12 document are available upon request number of meetings required to from Douglas G. Marshall, Executive conclude the procedure. PART 651ÐNORTHEAST Director, New England Fishery As written, § 651.32(b)(4) can be read MULTISPECIES FISHERY Management Council (Council), 5 to mean that the recommendations of Broadway, Saugus, MA 01906–1097. the HPRT must be published in the 1. The authority citation for part 651 FOR FURTHER INFORMATION CONTACT: E. Federal Register without analysis or continues to read as follows: Martin Jaffe, NMFS, Fishery Policy refinement by the Council. This final Authority: 16 U.S.C. 1801 et seq. Analyst, 508–281–9272. 55208 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
SUPPLEMENTARY INFORMATION: concluded that: (1) The time and area feasibility of these devices in a separate Background closures, as currently configured, are action. neither long enough nor large enough to On October 11, 1995, the Council held Regulations implementing achieve the bycatch reduction goals; (2) the second public meeting during which Amendment 5 to the FMP were the first year goals were probably not it adopted the framework adjustment published on March 1, 1994 (59 FR met and the porpoise bycatch was very measures. NMFS concurs with the 9872). One of Amendment 5’s principal likely higher in 1994 than in 1993 based Council’s recommendation; this final objectives is to reduce the bycatch of on the higher bycatch rate in 1994 as an rule implements Framework harbor porpoise in the Gulf of Maine indicator; (3) the degree of effectiveness Adjustment 12 to address harbor sink gillnet fishery by the end of year 4 of existing measures cannot be fully porpoise bycatch by expanding the size of implementation to a level not to evaluated until additional information of the Mid-coast Closure Area exceed 2 percent of the population, of the distribution of fishing effort is (including the Jeffreys Ledge Band but based on the best available estimates of available and; (4) the potential increase excluding Tillies Bank) during 1995 and abundance and bycatch. In addition, in bycatch appears to have been caused by extending the duration of the Mid- Amendment 5 requires that by by an increase in the bycatch rates in coast Closure for 1995 (initially September 15 of each year, the Council’s the Mid-coast area in the fall. November 1–30) through November and Harbor Porpoise Review Team (HPRT) The recommendation of the HPRT, December. While the Council and complete an annual review of harbor therefore, is to extend the timing of the NMFS are concerned about other areas porpoise bycatch and abundance data in that were under consideration for the Gulf of Maine and evaluate the Mid-coast closure as a means to achieve the bycatch rate reduction goals, and closure but not closed by this action, impacts of other measures that reduce e.g., the area east of 69°30’ W. long. and harbor porpoise take. It also encouraged secondarily, to expand this area to include locations that have historically Tillies Bank, the Council noted that it the HPRT to make recommendations on will review these areas specifically other ‘‘reduction-of-take’’ measures to accounted for bycatch but were not included in the first year closures. The during the next annual review. achieve the harbor porpoise mortality The expanded and redefined Mid- reduction goals and established a proposed area of expansion is directly to the east and south of the current area, coast Closure Area with the Jeffreys framework procedure for timely Ledge Band depicted in Figure 8 of this implementation of appropriate incorporating an oceanographic feature described on nautical charts as ‘‘Jeffreys part incorporated into it, is defined as measures. follows: With the enactment of Framework Ledge.’’ The specific area is found in Adjustment 4 to the Northeast Figure 8 of this rule. For the purposes Revised Mid-Coast Closure Area Multispecies Fishery regulations (59 FR of this action, the area of expansion is This area will be closed from 26972, May 25, 1994), a series of time referred to as the ‘‘Jeffreys Ledge Band.’’ November 1 through December 31, and area closures to sink gillnet gear On September 11, 1995, the HPRT 1995. were implemented based on an analysis forwarded its recommendations to the by the Northeast Fisheries Science Council, which initiated a framework Point Latitude Longitude Center (NEFSC) of the seasonal and procedure to adopt certain measures in ° ′ spatial distribution of harbor porpoise response to the HPRT’s MC1 ...... 42 30 N ...... Massachu- and sink gillnet fishing activity in the recommendations. The Council did not setts adopt the recommendation regarding shoreline Gulf of Maine. The time and area MC2 ...... 42°30′ N ...... 70°15′ W. closures established by Framework 4 the Mid-coast area verbatim, because the MC3 ...... 42°40′ N ...... 70°15′ W. remain in place except as modified by regulatory process for implementing MC4 ...... 42°40′ N ...... 70°00′ W. this action. framework measures requires an MC5 ...... 43°00′ N ...... 70°00′ W. On September 8, 1995, the HPRT met opportunity for public comment and, MC6 ...... 43°00′ N ...... 69°30′ W. to complete its annual review and to therefore, would not allow completion MC7 ...... 43°15′ N ...... 69°30′ W. of this process until approximately MC8 ...... 43°15′ N ...... 69°00′ W. develop recommendations concerning ° ′ future measures that would allow the November 1, 1995. Thus, the framework MC9 ...... Maine shore- 69 00 W. line. Council to achieve the ‘‘reduction-of- measures proposed by the Council take’’ goals stated in Framework during its meeting to initiate Framework Adjustment 4. The HPRT also discussed 12 on September 13–14, 1995, were to Comments and Responses the possible use of acoustic devices as expand the closure area during 1995 by This issue was discussed at a Marine part of a bycatch mitigation strategy, incorporating the Jeffreys Ledge Band Mammal Committee meeting held on because independent research has into the Mid-coast Closure Area, and to September 12, 1995, and at the first of shown that sound emitting devices close this reconfigured area to sink two Council meetings, required under placed on sink gillnet gear can be gillnet gear during the period November the Amendment 5 framework effective in deterring harbor porpoise. 1 through December 31, 1995. An adjustment process, held in Portland, At this meeting, the HPRT reviewed alternative was requested by a member ME, on September 13, 1995. Documents data collected since 1990 from analyses of the public to exempt a small portion summarizing the Council’s proposed prepared by the NEFSC and compared of the Jeffreys Ledge Band known as action, the biological analyses upon it with 1994, the first year in which the Tillies Bank. The Council agreed to which this decision was based and Council implemented time/area consider this request, pending further potential economic impacts were closures. Bycatch estimates for 1994 analysis. The Council also requested the available for public review at least 5 were not available from the NEFSC, but Director, Northeast Region (Regional days prior to the second meeting as preliminary information on bycatch Director), to investigate the possibilities required under the framework rates, including rates from previous for additional experimental work on the adjustment process, which was held on years for comparison purposes, were use of acoustic devices, particularly in October 11, 1995. Written comments used in addition to information on the the Jeffreys Ledge Band, to mitigate were accepted until October 10, 1995. location of incidental takes in the harbor porpoise bycatch. The Regional Comments on the Council’s proposal southern Gulf of Maine. The HPRT Director agreed to investigate the were received from several individuals Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55209 and from representatives of the observed harbor porpoise bycatch over pilot study was planned for a high following organizations: International the past 4 years. The analyses of bycatch area when it could be delayed Wildlife Coalition (IWC) and Humane economic effects of the extended closure for testing in a lower bycatch time/area. Society of the United States/Marine is also based on the historic use of the The representative from MMCC Mammal Conservation Coalition areas. NMFS assessed such impacts to requested that the planned study be (MMCC). the extent possible in the Framework conducted in a lower bycatch time/area. Comment: Several individuals did not document. Effects of the closure, Response: While Framework comment in opposition to the closure, including any resulting displacement of Adjustment 12 does not implement an but rather in support of keeping Tillies fishing effort and of harbor porpoise, operational ‘‘pinger’’ study, the Council Bank open to gillnetting. will be investigated by ongoing observer recommended further study of deterrent Response: Tillies Bank has been effort and reported to the Council for devices, specifically in the Jeffreys excluded from the area incorporated further consideration. Ledge Band. Some Council members into the closure because available data Comment: A commentor pointed out thought, and NMFS agrees, that if indicates that the harbor porpoise that while some gillnetters do switch to approved, the experiment should occur bycatch rate in this area appears to be hook gear, they do not switch to otter in an area where fishing activity and substantially lower than elsewhere in trawls or shrimp trawls as stated in the harbor porpoise concentrations occur the Jeffreys Ledge Band. Framework Adjustment 12 document. concurrently in order to be effective. Comment: The representative from Response: While some, mostly larger NMFS believes, based on an analysis of IWC asked whether opening Tillies vessels are capable of switching to available information, that this Bank and the area east of 69°30′ W. different alternative fishing gears, NMFS experiment would not preclude would hurt the chances for meeting the agrees that most gillnet vessels would attainment of the harbor porpoise stated porpoise bycatch goals for 1995. only be capable of switching to hook mortality reduction goals specified in Response: NMFS is aware that the gear. Amendment 5 (Framework Adjustment closed area may have the effect of Comment: A commentor asked 4). displacing effort to the area east of whether NMFS could keep the option to Comment: The representative from ° ′ 69 30 W. and to Tillies Bank and will incorporate a trigger mechanism into the MMCC asked how NMFS will monitor these areas to the extent closure, which would allow the area to coordinate reporting requirements if a possible with the observer and at-sea remain open until it could be new 48 hour Marine Mammal Reporting enforcement programs. NMFS did not determined that harbor porpoise have Form, which is being developed for have sufficient justification to moved into the area. He added that an reporting mortalities under the Marine disapprove the Council’s analysis of the use of a trigger Mammal Protection Act (MMPA), is recommendation to leave these areas mechanism for porpoise closures was to implemented. open and further notes that no harbor be provided to the Council by November Response: Fishers are already porpoise bycatch has been observed in 30. required to submit Fishing Vessel Trip these areas during the regular Response: No trigger mechanisms can Report forms. If the new MMPA forms monitoring period from 1990–1994. be developed in time for the 1995 become effective during the Comment: Several commentors closure. The analysis of trigger experimental fishery, if implemented, indicated concern that leaving open they will have to be submitted under the ° ′ mechanisms will be made available to Tillies Bank and the area east of 69 30 the Council for its consideration in time frames stipulated by that statute. W. long. would not provide an devising measures to reduce harbor Comment: A commentor stated that alternative fishing area for all gillnetters porpoise bycatch in the future. the small day trip vessels operating out displaced due to the extended closure. Comment: A commentor noted that of Portsmouth, NH, who participated in Their comments are summarized as the closure was for 1995 and asked the 1994 pinger experiment, would be ° ′ follows: The area east of 69 30 W. long. about 1996 and beyond. unable to fish outside the extended is not good gillnet bottom and is already Response: The Council will be closure area. fully utilized; Tillies Bank may sustain discussing new closure measures Response: An experimental fishery is some additional effort, but it would be combined with phased-in pinger use in presently under consideration that restricted to larger vessels from New subsequent years, as discussed by the would permit such vessels meeting the Hampshire; mobile gear would move HPRT. If no new action is forthcoming, requirements of the experimental design into the closed area and provide such the Council has indicated its intent that to participate. If approved, NMFS disruption that the porpoise would be the closure measures of Framework recognizes, however, that some vessels displaced into the open areas where Adjustment 4 be the default. may not be able to participate due to the gillnets would still be operating; and location of the experimental fishery area increasing conflict with mobile gear has Experimental Fishery and pinger availability. forced gillnetters to concentrate their The Regional Director is considering gear in the high relief areas (such as an experimental fishery in the ‘‘Jeffreys Adherence to Framework Procedure Jeffreys Ledge), which are not readily Ledge Band.’’ This experimental fishery Requirements found outside the closed area. would gather information pertaining to The Council considered the public Response: NMFS recognizes that both the use of acoustic devices called comments prior to making its the harbor porpoise fall distribution and ‘‘pingers’’ in a commercial fishery, recommendation to the Regional changes in fishing strategies due to the including insights on pinger usage, Director under the framework closed area will be highly variable. durability and failure rate under provisions for the FMP. The Council These complicated variabilities make it commercial fisheries conditions, and requests publication of these difficult to predict the effects of this additional data on pinger effectiveness management measures as a final rule closure to either harbor porpoise in mitigating bycatch. The following after considering the required factors bycatch or the fishery that is displaced comments were received on issues stipulated under the framework by this action. The extension of the related to this experiment: measures in the Northeast Multispecies closure in both area and time is based Comment: The representative from FMP, 50 CFR 651.40, and has provided on the best available information on IWC asked why an operational ‘‘pinger’’ supporting analyses for each factor 55210 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations considered. NMFS determined that the List of Subjects in 50 CFR Part 651 MID-COAST CLOSURE AREAÐ framework adjustment to the FMP that Continued this rule would implement is consistent Fisheries, Fishing, Reporting and recordkeeping requirements. with the national standards, other Point Latitude Longitude provisions of the Magnuson Dated: October 24, 1995. ° ′ ° ′ Conservation and Management Act, and Richard H. Schaefer, MC4 ...... 43 15 N ...... 69 00 W. MC5 ...... Maine shore- 69°00′ W. Acting Assistant Administrator for Fisheries, other applicable law. NMFS, in making line. that determination, has taken into National Marine Fisheries Service. account the information, views, and For the reasons set out in the (B) Notwithstanding any other comments received during the comment preamble, 50 CFR part 651 is amended provisions in this part, during the period of the FMP’s framework as follows: period November 1 through December adjustment mechanism in 50 CFR 31, 1995, the restrictions and 651.40. PART 651ÐNORTHEAST requirements specified in the MULTISPECIES FISHERY introductory text of paragraph (a) of this Classification section shall apply to an area known as 1. The authority citation for part 651 This final rule has been determined to the Revised Mid-Coast Closure Area, continues to read as follows: be not significant for purposes of E.O. which is an area bounded by straight 12866. Authority: 16 U.S.C. 1801 et seq. lines connecting the following points in the order stated (see Figure 8 of this The Assistant Administrator for 2. In § 651.32 paragraph (a)(1)(ii) is part). Fisheries, NOAA (AA) finds there is revised to read as follows: good cause to waive prior notice and an § 651.32 Sink gillnet requirements to REVISED MID-COAST CLOSURE AREA opportunity for public comment under reduce harbor porpoise takes. 5 U.S.C. 553(b)(B). Public meetings held Point Latitude Longitude by the Council to discuss the (a) * * * management measures implemented by (1) * * * MC1 ...... 42°30′ N ...... Massachu- this rule provided adequate prior notice setts (ii) Mid-coast Closure Area. (A) shoreline. and an opportunity for public comment During the period November 1 through MC2 ...... 42°30′ N ...... 70°15′ W. to be heard and considered; further December 31 of each fishing year, MC3 ...... 42°40′ N ...... 70°15′ W. comment is unnecessary. The AA finds except as specified in paragraph (B) of MC4 ...... 42°40′ N ...... 70°00′ W. that under 5 U.S.C. 553(d)(3) the need this section, the restrictions and MC5 ...... 43°00′ N ...... 70°00′ W. to have this regulation in place by requirements specified in the MC6 ...... 43°00′ N ...... 69°30′ W. ° ′ ° ′ November 1, 1995, to avoid delay that introductory text of paragraph (a) of this MC7 ...... 43 15 N ...... 69 30 W. MC8 ...... 43°15′ N ...... 69°00′ W. would likely impede the achievement of section shall apply to an area known as ° ′ the Mid-coast Closure Area, which is an MC9 ...... Maine shore- 69 00 W. harbor porpoise mortality reduction line. goals constitutes good cause to waive area bounded by straight lines connecting the following points in the the 30-day delay in effectiveness of this * * * * * order stated (see Figure 4 of this part). regulation. 3. The heading to Figure 4 to part 651 is revised to read as follows: ‘‘Figure 4 In that this regulation is not subject to MID-COAST CLOSURE AREA the requirements to prepare a proposed to part 651—Closure Areas for rule under 5 U.S.C. 553 or any other Point Latitude Longitude Protection of Harbor Porpoise’’. law, this rule is exempt from the PART 651Ð[AMENDED] requirement to prepare an initial or final MC1 ...... 42°45′ N ...... Massachu- regulatory flexibility analysis under the setts 4. Figure 8 to part 651 is added to Regulatory Flexibility Act. As such, shoreline. MC2 ...... 42°45′ N ...... 70°15′ W. read as follows: none has been prepared. MC3 ...... 43°15′ N ...... 70°15′ W. BILLING CODE 3510±22±W Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55211
Figure 8 to Part 651—Revised Mid-Coast Closure Area for Protection of Harbor Porpoise
[FR Doc. 95–26759 Filed 10–25–95; 10:11 am] BILLING CODE 3510±22±C 55212 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
50 CFR Part 675 FOR FURTHER INFORMATION CONTACT: The Director, Alaska Region, NMFS, Andrew N. Smoker, 907–586–7228. has determined that the 1995 TAC [Docket No. 950206040±5040±01; I.D. 102395C] SUPPLEMENTARY INFORMATION: The amounts for Pacific Ocean perch and for groundfish fishery in the BSAI exclusive the other red rockfish species group in Groundfish of the Bering Sea and economic zone is managed by NMFS the Bering Sea subarea have not been Aleutian Islands Area; Pacific Ocean according to the Fishery Management reached. Therefore, NMFS is Perch and Other Red Rockfish in the Plan for the Groundfish Fishery of the terminating the previous closures and is Bering Sea Subarea Bering Sea and Aleutian Islands Area opening directed fishing for Pacific (FMP) prepared by the North Pacific Ocean perch and for the other red AGENCY: National Marine Fisheries Fishery Management Council under rockfish species group in the Bering Sea Service (NMFS), National Oceanic and authority of the Magnuson Fishery subarea. Atmospheric Administration (NOAA), Conservation and Management Act. All other closures remain in full force Commerce. Fishing by U.S. vessels is governed by and effect. ACTION: Modification of a closure. regulations implementing the FMP at 50 CFR parts 620 and 675. Classification SUMMARY: NMFS is opening directed The directed fisheries for Pacific This action is taken under 50 CFR fishing for Pacific Ocean perch and the Ocean perch and the other red rockfish other red rockfish species group in the 675.20 and is exempt from review under species group in the Bering Sea subarea E.O. 12866. Bering Sea subarea of the Bering Sea were closed in the Final 1995 Harvest and Aleutian Islands management area Specifications of Groundfish (60 FR Authority: 16 U.S.C. 1801 et seq. (BSAI). This action is necessary to fully 8479, February 14, 1995), in order to Dated: October 24, 1995. utilize the total allowable catch (TAC) provide amounts anticipated to be Richard W. Surdi, amounts specified for Pacific Ocean needed for incidental catch in other Acting Director, Office of Fisheries perch and the other red rockfish species fisheries. NMFS has determined that as Conservation and Management, National group in this area. of October 7, 1995, 716 metric tons (mt) Marine Fisheries Service. EFFECTIVE DATE: 12 noon, Alaska local of Pacific Ocean perch and 986 mt of the [FR Doc. 95–26848 Filed 10–25–95; 12:44 time (A.l.t.), October 25, 1995, until 12 other red rockfish species group remain pm] midnight, A.l.t., December 31, 1995. unharvested. BILLING CODE 3510±22±W 55213
Proposed Rules Federal Register Vol. 60, No. 209
Monday, October 30, 1995
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: tenure of Board members; (3) change the contains notices to the public of the proposed Kathleen M. Finn, Marketing Specialist, definitions of ‘‘cooperative handler,’’ issuance of rules and regulations. The Marketing Order Administration ‘‘to handle,’’ ‘‘settlement weight,’’ ‘‘crop purpose of these notices is to give interested Branch, Fruit and Vegetable Division, year’’ and ‘‘trade demand’’; (4) require persons an opportunity to participate in the AMS, USDA, room 2523–S, P.O. Box handlers of California almonds to rule making prior to the adoption of the final rules. 96456, Washington, DC 20090–6456, maintain program records in the State of telephone: (202) 720–1509 or Fax (202) California; (5) change its advertising 720–5698; or Martin Engeler, Assistant assessment credit program to allow DEPARTMENT OF AGRICULTURE Officer-in-Charge, California Marketing credit for certain advertising costs Field Office, Marketing Order incurred by handlers not previously Agricultural Marketing Service Administration Branch, Fruit and authorized; (6) authorize requiring Vegetable Division, AMS, USDA, 2202 handlers to pay interest and/or late 7 CFR Part 981 Monterey Street, suite 102–B, Fresno, payment charges for past due California 93721; (209) 487–5901 or assessments; (7) provide for continuance [Docket No. A0±214±A7; FV±93±981±1] FAX (209) 487–5906. referenda every five years; (8) require Almonds Grown in California; SUPPLEMENTARY INFORMATION: Prior handlers to submit grower lists to the Secretary's Decision and Referendum documents in this proceeding: Notice of Board; and (9) allow multi-year Order on Proposed Further Hearing issued on August 3, 1993, and contracting. Five persons submitted additional Amendment of Marketing Agreement published in the Federal Register on proposals related to continuance and Order No. 981 August 17, 1993 (58 FR 43565). Recommended Decision and referenda, Board composition and nomination procedures, organic AGENCY: Agricultural Marketing Service, Opportunity to File Written Exceptions almonds, regulatory provisions, USDA. issued on March 22, 1995, and advertising and promotion, assessments, ACTION: Proposed rule and referendum published in the Federal Register on compliance audits, the definition of order. April 6, 1995 (60 FR 17466). grower, and research and reserve This administrative action is governed SUMMARY: This decision proposes operations. by the provisions of sections 556 and The Fruit and Vegetable Division, amendments to the subject marketing 557 of Title 5 of the United States Code agreement and order (order) and Agricultural Marketing Service (AMS), and, therefore, is excluded from the U.S. Department of Agriculture (USDA), provides almond producers with the requirements of Executive Order 12866. opportunity to vote in a referendum to proposals would make such changes as determine if they favor the proposed Preliminary Statement are necessary to the order, if any or all of the above amendments are adopted, amendments. The proposed The proposed amendments were so that all of its provisions conform with amendments were submitted by the formulated on the record of a public the proposed amendment. USDA also Almond Board of California (Board) and hearing held in Modesto, California, on proposed that continuance referenda be five additional persons. The proposed November 3, 4 and 5, 1993, to consider conducted on a periodic basis consistent changes would: change five existing the proposed amendment of the definitions in the order; revise Board with USDA’s policy guidelines. Marketing Agreement and Order No. Upon the basis of evidence representation, nomination procedures, 981, regulating the handling of almonds terms of office, quorum and introduced at the hearing and the record grown in California, hereinafter referred thereof, the Administrator of the qualification procedures, voting and to collectively as the ‘‘order.’’ The tenure requirements; modify creditable Agricultural Marketing Service (AMS) hearing was held pursuant to the on March 22, 1995, filed with the advertising provisions; revise volume provisions of the Agricultural Marketing control procedures; require handlers to Hearing Clerk, U.S. Department of Agreement Act of 1937, as amended (7 Agriculture, a Recommended Decision maintain records in the State of U.S.C. 601 et seq.), hereinafter referred and Opportunity to File Written California; authorize interest or late to as the Act, and the applicable rules Exceptions thereto by May 8, 1995. payment charges on assessments paid of practice and procedure governing Exceptions were received from Mr. late; provide for periodic continuance proceedings to formulate marketing Robert J. Crockett, Attorney, Office of referenda; authorize exemptions for agreements and marketing orders (7 CFR the General Counsel, USDA, organic almonds from certain program part 900). The Notice of Hearing representing the Board; Mr. Steven W. requirements; and make necessary contained several amendment proposals Easter, Vice President, Blue Diamond conforming changes. These changes are submitted by the Almond Board of Growers, Inc.; Mr. Brian C. Leighton, being proposed to improve the California (Board) established under the general counsel to almond handler Cal- administration, operation and order to assist in local administration of Almond, Inc.; and Mr. Rick Veldstra, functioning of the California almond the program and by five additional almond grower. The exceptions will be marketing order program. persons. addressed in this document. DATES: The referendum shall be The Board’s proposals would: (1) conducted from January 8, 1996, Increase its membership by two Small Business Considerations through February 2, 1996. The positions and change Board nomination, In accordance with the provisions of representative period for the purpose of selection, and operation procedures; (2) the Regulatory Flexibility Act (RFA) (5 the referendum herein ordered is July 1, change the term of office of its members U.S.C. 601 et seq.), the Administrator of 1994, through June 30, 1995. from one to three years, and limit the the AMS has determined that this action 55214 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules would not have a significant economic would require Board nominees to be such changes is consistent with impact on a substantial number of small nominated by January 20 rather than standard business practices. entities. Small agricultural service firms, April 20 as currently provided. This The proposed amendment to provide which include handlers regulated under would ensure that the new Board is for periodic continuance referenda this order, have been defined by the seated prior to meetings where would allow growers the opportunity to Small Business Administration (SBA) important decisions are made for the vote on whether to continue the (13 CFR 121.601) as those having annual following crop year. These proposed operation of the almond marketing receipts of less than $5,000,000. Small amendments are designed to improve order. agricultural producers are defined as grower representation on the Board and The proposed amendment to allow those having annual receipts of less than allow the Board to function more handlers to transfer their reserve $500,000. efficiently. obligation to other handlers would help The purpose of the RFA is to fit The proposed amendment to change facilitate the operation of the reserve regulatory actions to the scale of the Board members’ term of office from program by providing handlers more business subject to such actions in order one year to three year staggered terms flexibility. that small businesses will not be unduly would allow more continuity on the The proposed amendment to exempt or disproportionately burdened. Board. This would allow the Board to organic almonds from certain program Marketing orders and rules issued focus more on long-term strategic goals requirements would provide the organic thereunder are unique in that they are and develop long-term approaches to segment of the industry more flexibility brought about through group action of problems in the industry. in marketing and selling their product. The proposed amendment would essentially small entities acting on their The proposed amendment to require authorize organic almond handlers to be own behalf. Thus, both the RFA and the those persons nominated to the Board to exempt from reserve requirements and Act have small entity orientation and qualify prior to their selection to the advertising assessments. Organic compatibility. Interested persons were Board is an administrative change. This growers and handlers demonstrated at invited to present evidence at the change would allow the selection the hearing that certain current hearing on the probable impact that the process to take place in a more timely proposed amendments to the order marketing order provisions do not take manner. The proposed amendment to into account marketing differences would have on small businesses. add tenure requirements for Board During the 1993–94 crop year, between certified organic almonds and members would allow more persons the approximately 115 handlers were conventional almonds. opportunity to serve as members on the regulated under Marketing Order No. The proposal to make other Board. It would provide opportunity for 981. In addition, there are about 7,000 miscellaneous changes that would be new ideas and approaches to issues that producers of almonds in the production consistent with the proposed the Board addresses each year. area. The Act requires the application of amendments is necessary so that all uniform rules on regulated handlers. The proposed amendment to the sections of the order would be Marketing orders and amendments creditable advertising provisions would consistent if any or all of the thereto are unique in that they are provide for expansion of the amendments are adopted. These normally brought about through group promotional activities for which changes include deleting and action of essentially small entities for handlers may receive Credit-Back from redesignating certain sections of the their own benefit. Thus, both the RFA their assessments. This would allow the order. and the Act are compatible with respect Board to increase program flexibility for All these changes are designed to to small entities. participating handlers. enhance the administration and The proposed amendments to the The proposed amendment to allow functioning of the marketing agreement marketing agreement and order include the settlement weight for unshelled and order to the benefit of the industry. changes to five definitions in the almonds to be determined on the basis Accordingly, it is determined that the marketing order. These definitions are of representative samples would be proposed revisions of the order would cooperative handler, to handle, more consistent with current industry not have a significant economic impact settlement weight, crop year, and trade practices. There would be no increase in on handlers or producers. demand. The changes that are proposed burden on handlers expected from this The amendments proposed herein to the definitions are intended to make proposed amendment. have been reviewed under Executive them consistent with current industry The proposed amendment to require Order 12778, Civil Justice Reform. They practices. The proposed changes to the handlers to maintain records in the are not intended to have retroactive definitions are designed to enhance the State of California would improve the effect. If adopted, the proposed administration and functioning of the Board’s administration of the program. amendments would not preempt any marketing order to the benefit of the It would also allow the Board to have state or local laws, regulations, or industry. the records available to them for policies, unless they present an The proposed amendment to revise compliance purposes. It is not expected irreconcilable conflict with the Board representation would increase the that any additional costs would be amendments. Board’s size by allowing two additional incurred by handlers to comply with The Act provides that administrative grower members to serve on the Board. this amendment. proceedings must be exhausted before This would increase grower The proposed amendment to parties may file suit in court. Under representation on the Board from five to authorize interest and/or late payment section 608c(15)(A) of the Act, any seven and allow more grower input into charges on assessments paid late would handler subject to an order may file Board decisions. The quorum size encourage handlers to pay their with the Secretary a petition stating that would also be increased to correspond assessments on time. Assessments not the order, any provision of the order, or with the increase in Board size. The paid promptly add an undue burden on any obligation imposed in connection change in voting requirements would the Board because the Board has with the order is not in accordance with require an increased number of votes ongoing projects and programs funded law and requesting a modification of the needed to approve a Board action. The by assessments that are functioning order or to be exempted therefrom. A change to the nomination procedures throughout the year. The addition of handler is afforded the opportunity for Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55215 a hearing on the petition. After the requirements proposed, indicating that recommendation on this issue would be hearing, the Secretary would rule on the it is fundamentally flawed to guarantee blocked. petition. The Act provides that the one segment of the industry a minimum Hearing testimony indicated that the district court of the United States in any of 5 votes, when those 5 votes could number of growers represented by district in which the handler is an constitute a ‘‘Super Minority’’ able to industry entities should also be given inhabitant, or has his or her principal direct the policy of the Board by their consideration in determining equitable place of business, has jurisdiction in veto power. Board representation as well as tonnage equity to review the Secretary’s ruling Testimony at the hearing indicated handled by these entities. The current on the petition, provided a bill in equity strong industry support for this proposal with respect to representation is filed not later than 20 days after the proposal. Proponents testified that the reflects this position and testimony date of the entry of the ruling. proposed voting requirements would presented indicates widespread In accordance with the Paperwork help increase industry cohesion. No industry support for the proposal. In Reduction Act of 1980 (44 U.S.C. 35), new evidence or arguments to the addition, there was no specific the reporting and recordkeeping contrary were presented in the alternative proposal presented. provisions that are included in the exceptions. Further, no one industry However, USDA recognizes the proposed amendments will be segment will perpetually be guaranteed potential problems associated with the submitted to the Office of Management a certain number of votes as a result of Board’s ability to pass an action and Budget (OMB). They would not this proposal because of the ability to recommending reapportionment and become effective prior to OMB approval. reapportion Board membership, which changes in representation, if voting is discussed under material issue requirements as proposed in material Findings and Conclusions and Rulings number 14. Therefore, these exceptions issue number 6 are implemented. It on Exceptions are denied. should be clarified that the amendatory The material issues, findings and Based upon the exception of Mr. language as proposed in § 981.31(d) conclusions, rulings, and general Veldstra and the exception of Mr. does not require a recommendation by findings and determinations included in Leighton, the findings and conclusions the Board on this issue. Although USDA the Recommended Decision set forth in in material issue number 14 of the looks to the Board as the body the April 6, 1995, issue of the Federal Recommended Decision concerning representing the industry for Register (60 FR 17466) are hereby whether to authorize the Board, with the recommendations on such issues, it is approved and adopted subject to the approval of the Secretary, to reapportion not precluded from taking action to following additions and modifications: grower and/or handler member reapportion membership based on other Based upon the exceptions filed by representation on the Board based on information available. Therefore, no Mr. Crockett, Mr. Leighton and Mr. the proportionate amounts of almonds change to the proposed order language Veldstra, the findings and conclusions handled by different segments of the is necessary based on Mr. Veldstra’s and in material issue number six of the industry are amended by adding the Mr. Leighton’s exceptions. Their Recommended Decision concerning the following three paragraphs after the exceptions are denied. acceptable methods for Board voting tenth paragraph of material issue Based upon the exception filed by Mr. and Board voting requirements are number 14 to read as follows: Leighton, the findings and conclusions amended by adding the following four The exception filed by Mr. Veldstra in material issue number 13 of the paragraphs after the 16th paragraph of indicated that reapportionment of Board Recommended Decision concerning the material issue number six to read as membership should be required, based deletion of the authority for the Credit- follows: on percentages of crop produced by Back advertising program under the The exception filed by Mr. Crockett industry segments, rather than optional, almond marketing order and to modify indicated that section 981.40 should be at the recommendation of the Board and the generic program are amended by modified to include the term ‘‘other approval of the Secretary. adding the following two paragraphs electronic means’’ as an acceptable Reapportionment should be required after the 11th paragraph of material method for voting. ‘‘Other electronic because otherwise, one segment of the issue number 13 to read as follows: means’’ is envisioned to include the use industry would be able to prohibit Mr. Leighton’s exception stated that of modems, video and teleconferencing. passing a Board action recommending he opposed the generic advertising The term is flexible to allow for the reapportionment, if the proposed voting program, but a generic advertising advancement of new technologies that requirements in material issue number 6 program is preferable to a brand could be used by the Board for voting. are approved. This could result in one program, provided excessive funds are Mr. Crockett stated that although ‘‘other segment of the industry having a not expended promoting almonds as electronic means’’ was not part of the disproportionate share of Board snacks off the store shelf. Mr. Leighton original proposal, its incorporation at representation based on percentage of also reiterated that the new Credit-Back this time is reasonable since it is merely production. program violates the First Amendment a technical adjustment. This request is The exception filed by Mr. Leighton to the U.S. Constitution. In addition, he also consistent with the record stated that Board representation should states that there is not wide industry evidence. Therefore, in accordance with be based on percentages of crop support for this proposal because a Mr. Crockett’s exception, the represented by each entity. The number of handlers representing 20 amendatory language in § 981.40 is exception indicated that although the percent of the tonnage in the industry modified. proposed amendment allows for have filed administrative petitions The exception received from Mr. changes in reapportionment and pursuant to 7 U.S.C. section 608c(15)(A) Leighton objects to the proposed voting representation, any such changes will contesting the constitutionality of this requirements, indicating that one not occur if the voting requirements in program. segment of the industry, Blue Diamond, material issue number 6 are The record evidence does not the would have the ability to effectively implemented. The exception stated that support the deletion of the authority for block any proposed action by the Board. Blue Diamond would not vote for any this program. The Credit-Back program The exception received from Mr. change which would reduce their provides flexibility in allowing the Veldstra similarly objected to the voting representation, thus any Board Board and handlers various options to 55216 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules promote almonds. The program Board. He stated that since the adding the following two paragraphs provides the opportunity for handlers to independent grower list would be after the seventh paragraph of material receive credit against their assessment available under the Freedom of issue number 19 to read as follows: obligation or pay assessments for a Information Act, Blue Diamond is given The exception filed by Mr. Leighton generic program. Although there are an unfair advantage by having stated that unless prevailing handlers currently ongoing legal challenges to accessibility to all almond growers. Mr. can receive a refund of assessments this program, the record evidence Leighton contends that the independent wrongfully imposed plus interest, the supports maintaining the authority for growers should be allowed the same proposed revisions to section 981.81 to the program. With the authority in opportunity. allow the collection of interest and late place, recommendations can be made by Mr. Veldstra’s exception similarly penalties on past due assessments is the Board and implemented by the objected to the material issue stating confiscatory and violates Due Process. Secretary to further modify and improve that if Blue Diamond’s list is proprietary Mr. Leighton further stated that this the program, if warranted. The program and protected under California State provision violates the First Amendment, need not be active if it is determined law, then the independent list should because handlers will be penalized for that discontinuing all or part of the also be protected. In addition, Mr. filing administrative challenges to any program would be in the best interest of Veldstra stated that Blue Diamond assessment provision by being forced to the industry. Therefore, Mr. Leighton’s growers should elect Blue Diamond pay late charges if their challenges are exception is denied. growers to the Board rather than have unsuccessful. Mr. Leighton contends Based upon the exception filed by Mr. them appointed by the cooperative. that the proposal authorizing the Board Leighton, the findings and conclusions Finally, Mr. Veldstra stated that growers to assess late payments and/or interest in material issue number 17 of the who deliver their almonds to both the on unpaid assessments should not be Recommended Decision concerning the cooperative and independent handlers adopted unless the proposal authorizing requirement that the Board provide may theoretically vote twice in interest to handlers for successfully handlers with 24 hours advance notice elections—once through the cooperative challenging the payment of assessments before audits are conducted of records process and once as independent is adopted. and inspections of reserve almonds are growers. If the Board had a complete As previously discussed, the evidence amended by adding the following two list, it could identify these situations at the hearing fully supported this paragraphs after the sixth paragraph of and ensure that growers participate in proposal. Many marketing orders material issue number 17 to read as the voting process only once. provide for the collection of interest follows: As previously stated, the record and/or late payment charges to Mr. Leighton’s exception states that evidence supports that the primary encourage prompt payment of USDA does not provide examples reason an independent grower list assessments. Again, the Act authorizes showing that ‘‘surprise’’ visits by the would be submitted to the Board would that each handler shall pay to a Board have uncovered widespread be for the purposes of Board elections. marketing order committee such abuse of the reporting requirements Record evidence showed that there are handler’s pro rata share for the relating to the reserve provisions. In other sources of obtaining a grower list. operation of the marketing order. addition, Mr. Leighton states that the The Blue Diamond cooperative testified Therefore, Mr. Leighton’s exception is Board should not require handlers to that they do inform their members of all denied. use their own equipment and personnel important matters concerning the Based upon the exception filed by Mr. during the audit visits. marketing order. Blue Diamond’s list is Leighton, the findings and conclusions As previously stated, the almond its grower/supplier list and therefore, it in material issue number 20 of the industry is subject to Federal regulation is considered their customer list. This Recommended Decision concerning the and therefore, audit visits are a part of would not be the case for a list of requirement of refunds plus payment of participating in this Federal program. independent growers in part, because interest to a handler in the event a suit USDA requires that adequate this list is not handler-specific. In or administrative petition filed by a compliance programs are in place for addition, there was no record evidence handler challenging the payment of marketing order programs. The record to support that Board members elected assessments is successful are amended evidence supported the continuation of from the cooperative should be elected by adding the following two paragraphs such a tool for compliance purposes. In in another manner as suggested by Mr. after the fifth paragraph of material addition, the record evidence supported Veldstra. Also, growers participating in issue number 20 to read as follows: handlers assisting the Board by using independent elections must certify on Mr. Leighton’s exception stated that their equipment and personnel during the ballot that they do not deliver unless this proposal is adopted, Material an audit visit. Therefore, Mr. Leighton’s almonds to a cooperative. Therefore, Mr. Issue number 19, which proposes exception is denied. Leighton’s and Mr. Veldstra’s authority for interest and late payment Based upon the exceptions filed by exceptions are denied. charges should not be adopted. Mr. Mr. Leighton, Mr. Veldstra and Mr. The exception filed by Mr. Easter Leighton indicated that USDA rejected Easter, the findings and conclusions in fully supported the proposal. Mr. Easter this proposal because ‘‘the Board may material issue number 18 of the stated that Blue Diamond believes that not have funds available to make a Recommended Decision concerning the its grower list is protected by California refund’’ and Due Process requires a requirement for handlers to submit to law and that no case has been made for clear and certain remedy if one must the Board a list of growers who have a requirement that it be submitted to the pay now and file a complaint later. Mr. delivered almonds to such handler Board. Leighton further stated that USDA during the crop year are amended by Based upon the exception filed by Mr. clearly does not address where court adding the following four paragraphs Leighton, the findings and conclusions ordered refunds will be derived, nor after the 17th paragraph of material in material issue number 19 of the does it provide for such remedy. issue number 18 to read as follows: Recommended Decision concerning the The record does not support this The exception filed by Mr. Leighton addition of the authority to require proposal. Section 608c(15)(A) of the Act stated that Blue Diamond should also be handlers to pay interest and/or late provides a method for challenging required to submit a grower list to the payment charges are amended by marketing order provisions. In addition, Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55217
USDA did not reject this proposal on require that documentation be USDA uses these almonds for school the basis of the ability to pay refunds. submitted to the Board by handlers in lunch programs. Mr. Leighton states that USDA relied on the record and the order to substantiate that almonds were, the cost of school lunch programs evidence presented by both sides. in fact, sold as certified organic and met should be borne by taxpayers, not the Therefore, Mr. Leighton’s exception is the requirements of the Organic Foods almond industry. denied. Production Act of 1990 and the The marketing order contains Based upon the exception filed by Mr. California Organic Foods Act of 1990 in authority to require reserve almonds to Crockett, the findings and conclusions order to be exempt from reserve be disposed of in certain approved in material issue number 24 of the requirements. Therefore, Mr. Crockett’s outlets that are non-competitive with Recommended Decision concerning the exception is accepted, in part. normal markets. There is no exemption of organic almonds from all Based upon the exception filed by Mr. requirement for dumping the product. reserve requirements are amended by Crockett, the findings and conclusions Under certain conditions, it may be adding the following three paragraphs in material issue number 25 of the desirable for the industry to divert after the ninth paragraph of material Recommended Decision concerning the product to these non-competitive outlets issue number 24 to read as follows: authority to allow the Board to enter rather than carrying product over into The exception from Mr. Crockett into contracts for periods of five years the next crop year. Record evidence requested that USDA reconsider this for services, goods or other reasonable supports retaining this tool. USDA does proposal. Mr. Crockett stated that this expenses are amended by adding the not consider the provision a conflict of proposal would create a separate class following two paragraphs after the interest. USDA does purchase almonds of producers from the mainstream of eighth paragraph of material issue as a surplus removal program and those almond production and would number 25 to read as follows: almonds are used in the school lunch eliminate the flexibility of the Board to The exception filed by Mr. Crockett program. The purpose of USDA surplus address this issue. Further, Mr. Crockett requested that USDA reconsider this removal purchases is to remove excess indicated that past experience shows proposal. The exception indicated that supplies from normal market channels. that the Board determined that certified the inability to enter into long term In addition, USDA does not specify that organic almonds would be an eligible arrangements for goods and services the almonds it buys must be reserve outlet for disposition of reserve almonds from vendors hinders the efficiency of almonds. The record evidence when special circumstances warranted the order. Mr. Crockett stated the Board supported adopting this proposal, in exempting them from these should be able to avail itself of such part. Therefore, Mr. Leighton’s requirements. The exception also simple common business sense to exception is denied. indicated that the circumstances today stretch grower monies to their may be that organically grown almonds maximum effectiveness. Mr. Crockett Marketing Agreement and Order are non-competitive in nature, but the further stated that although USDA states Annexed hereto and made a part situation could change in the future. For that other marketing orders have been hereof is the document entitled ‘‘Order this reason, Mr. Crockett stated that the approved for long term contracts, it Amending the Order Regulating the Board should be allowed to respond to ignores that potential opportunities may Handling of Almonds Grown in those changes as they arise and not be be lost seeking advance approval of each California.’’ This document has been bound by a regulation that no longer contract. decided upon as the detailed and reflects the realities of almond As previously stated, USDA has appropriate means of effectuating the production. Mr. Crockett further stated provided approval for marketing order foregoing findings and conclusions. that the cost to administer such an committees to enter into multi-year It is hereby ordered, That this entire exemption is prohibitive and would contracts on a case-by-case basis. Record decision be published in the Federal cause compliance problems because evidence indicates that this proposal Register. there is no practical means of could limit annual reviews and restrict identifying an organically grown activities of future Boards. USDA will Referendum Order almond from a conventional almond. work with the Board to ensure such It is hereby directed that a referendum The proponents of this proposal approvals are completed in a timely be conducted in accordance with the presented a compelling case that manner to promote efficient Board procedure for the conduct of referenda certified organic almonds are unique operation. Therefore, Mr. Crockett’s (7 CFR 900.400 et seq.) to determine and are sold into different markets. In exception is denied. whether the issuance of the annexed addition, growers and handlers of Based upon the exception filed by Mr. order amending the order regulating the organic almonds must follow strict Leighton, the findings and conclusions handling of almonds grown in regulations to ensure their almonds are in material issue number 27 of the California is approved or favored by certified organic and these almonds can Recommended Decision concerning producers, as defined under the terms of be traced by a paper trail to the retail certain reserve provisions are amended the order, who during the representative level. by adding the following two paragraphs period were engaged in the production Mr. Crockett’s concern regarding after the 11th paragraph of material of almonds grown in California. compliance problems that could be issue number 27 to read as follows: The representative period for the encountered in documenting sales of Mr. Leighton’s exception contended conduct of such referendum is hereby certified organic almonds does have that USDA claimed that removing the determined to be July 1, 1994, through merit. Although stringent requirements authority for allocated reserve would June 30, 1995. exist for certifying almonds as organic, remove a valuable tool of the Board. The agents of the Secretary to conduct it is important that the order require that However, Mr. Leighton contended that such referendum are hereby designated handlers provide documentation there should be no tool available to to be Martin Engeler, Assistant Officer- substantiating that their almonds meet require the dumping of valuable and in-Charge, and Maureen Pello, these requirements if they are to be nutritious product given the storage Marketing Specialist, California exempt from reserve requirements. The capability of almonds. In addition, Mr. Marketing Field Office, Marketing Order proposed amendment to section Leighton stated that USDA has a conflict Administration Branch, Fruit and 981.47(b) is being slightly modified to of interest in retaining this tool because Vegetable Division, AMS, USDA, 2202 55218 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules
Monterey Street, suite 102–B, Fresno, the declared policy of the Act, and the within the area of production or by California 93721, telephone (209) 487– issuance of several orders applicable to transfer from the area of production to 5901. subdivisions of the production area points outside or by receipt as first would not effectively carry out the receiver at any point of entry in the List of Subjects in 7 CFR Part 981 declared policy of the Act; United States or Puerto Rico of almonds Almonds, Marketing agreements, (4) The order, as amended, as hereby grown in the area of production, Nuts, Reporting and recordkeeping proposed to be further amended, exported therefrom and submitted for requirements. prescribes, insofar as practicable, such reentry or which are reentered free of Dated: October 23, 1995 different terms applicable to different duty. However, sales or deliveries by a Shirley R. Watkins, parts of the production area as are grower to handlers, hullers or other Acting Assistant Secretary, Marketing and necessary to give due recognition to the processors within the area of production Regulatory Programs. differences in the production and shall not, in itself, be considered as marketing of almonds grown in the handling by a grower. Order Amending the Order Regulating production area; and 4. Section 981.18 is amended by the Handling of Almonds Grown in (5) All handling of almonds grown in removing the word ‘‘and’’ at the end of California 1 the production area is in the current of paragraph (b); removing the period and Findings and Determinations interstate or foreign commerce or adding ‘‘, and’’ at the end of paragraph directly burdens, obstructs, or affects (c); and adding a new paragraph (d) to The findings and determinations such commerce. read as follows: hereinafter set forth are supplementary and in addition to the findings and Order Relative to Handling § 981.18 Settlement weight. determinations previously made in It is therefore ordered, That on and * * * * * connection with the issuance of the after the effective date hereof, all (d) For inedible kernels as defined in order; and all of said previous findings handling of almonds grown in § 981.8. and determinations are hereby ratified California, shall be in conformity to, and 5. Section 981.19 is revised to read as and affirmed, except insofar as such in compliance with, the terms and follows: findings and determinations may be in conditions of the said order as hereby § 981.19 Crop year. conflict with the findings and proposed to be amended as follows: determinations set forth herein. The provisions of the proposed Crop year means the twelve month (a) Findings and Determinations Upon marketing agreement and the order period from August 1 to the following the Basis of the Hearing Record. amending the order contained in the July 31, inclusive. Any new crop Pursuant to the provisions of the Recommended Decision issued by the almonds harvested or received prior to Agricultural Marketing Agreement Act Administrator on March 22, 1995, and August 1 will be applied to the next of 1937, as amended (7 U.S.C. 601 et published in the Federal Register on crop year for marketing order purposes. seq.), and the applicable rules of April 6, 1995, shall be and are the terms The first crop year after the practice and procedure effective and provisions of this order amending implementation of this amendment thereunder (7 CFR part 900), a public the order and are set forth in full herein. shall be a 13-month period. hearing was held upon the proposed 6. Section 981.21 is revised to read as amendments to the Marketing PART 981ÐALMONDS GROWN IN follows: Agreement and Order No. 981 (7 CFR CALIFORNIA § 981.21 Trade demand. part 981), regulating the handling of almonds grown in California. 1. The authority citation for 7 CFR Trade demand means the quantity of Upon the basis of the evidence part 981 continues to read as follows: almonds (kernelweight basis) which introduced at such hearing and the Authority: 7 U.S.C. 601–674. commercial distributors and users such as the wholesale, chain store, record thereof, it is found that: 2. Section 981.14 is revised to read as (1) The order, as amended, as hereby confectionery, bakery, ice cream, and follows: proposed to be further amended, and all nut salting trades will acquire from all of the terms and conditions thereof, will § 981.14 Cooperative handler. handlers during a crop year for distribution worldwide. tend to effectuate the declared policy of Cooperative handler means any the Act; 7. Sections 981.30 and 981.31 are handler as defined in § 981.13 of this revised to read as follows: (2) The order, as amended, as hereby subpart which qualifies for treatment as proposed to be further amended, a nonprofit cooperative association as § 981.30 Establishment. regulates the handling of almonds defined in Section 54001, et seq. of the The Almond Board shall consist of grown in the production area in the California Food and Agricultural Code. twelve members, each with an alternate same manner as, and is applicable only The Board, with the approval of the member. to persons in the respective classes of Secretary, may modify this definition, if commercial and industrial activity necessary. § 981.31 Membership representation. specified in the marketing order upon 3. Section 981.16 is revised to read as Membership of the Board will be which hearings have been held; follows: determined in the following manner: (3) The order, as amended, as hereby (a) Three members and an alternate proposed to be further amended, is § 981.16 To handle. for each member shall be selected from limited in application to the smallest To handle means to use almonds nominees submitted by each of the regional production area which is commercially of own production or to following groups designated in practicable, consistent with carrying out sell, consign, transport, ship (except as paragraphs (a) (1) and (2) of this section, a common carrier of almonds owned by or from among other qualified persons 1 This order shall not become effective unless and another) or in any other way to put belonging to such groups: until the requirements of § 900.14 of the rules of practice and procedure governing proceedings to almonds grown in the area of (1) Those growers who market their formulate marketing agreements and marketing production into any channel of trade for almonds through cooperative handlers; orders have been met. human consumption worldwide, either and Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55219
(2) Those growers who market their handlers and growers, other than the to implementation of this amendment almonds through other than cooperative cooperative(s) of record, the required and shall not apply to alternate handlers. ballots with all necessary voting members. (b) Two members and an alternate for information including the names of 10. Section 981.34 is revised to read each member shall be selected from incumbents willing to accept as follows: nominees submitted by each of the renomination, and, to such growers, the following groups designated in name of any person proposed for § 981.34 Qualification and acceptance. paragraphs (b) (1) and (2) of this section, nomination in a petition signed by at (a) Any person to be selected as a or from among other qualified persons least 15 such growers and filed with the member or alternate of the Board shall, belonging to such groups: Board on or before January 20. prior to such selection, qualify by (1) Cooperative handlers; and Distribution of ballots shall be providing such background information (2) All handlers, other than announced by press release, furnishing as necessary and by advising the cooperative handlers. pertinent information on balloting, Secretary that he/she agrees to serve in (c) One member and an alternate shall issued by the Board through newspapers the position for which nominated. be selected from nominees submitted by and other publications having general Grower members and alternates shall be each of the following groups designated circulation in the almond producing growers or employees of growers, and in paragraphs (c)(1) and (2) of this areas. handler members and alternates shall be section, or from among other qualified (2) Nominees for the positions handlers or employees of handlers. In persons belonging to such groups: described in § 981.31(c) shall be the event any member or alternate (1) The group of cooperative handlers handled in the same manner as ceases to be qualified for the position for or the group of handlers other than described in paragraph (a)(1) of this which selected, that position shall be cooperative handlers, whichever section except that those terms of office deemed vacant. received for their account more than 50 shall expire annually. (b) The Board, with approval of the percent of the almonds delivered by all * * * * * Secretary, may establish additional growers as determined by December 31 9. Section 981.33 is revised to read as eligibility requirements for grower of the then current crop year; and follows: members on the Board. (2) Those growers whose almonds 11. Section 981.40 is amended by were marketed through the handler § 981.33 Selection and term of office. revising paragraphs (b) and (c) and group identified in paragraph (c)(1) of (a) Members and their respective amending paragraph (e) by removing the this section. alternates for positions open on the word ‘‘seven’’ and adding in its place (d) The Secretary, upon Board shall be selected by the Secretary the word ‘‘eight’’ to read as follows: recommendation of the Board, or other from persons nominated pursuant to § 981.40 Procedure. information, may reapportion within the § 981.32, or, at the discretion of the 12-member Board, the number of grower Secretary, from other qualified persons, * * * * * members or handler members, or both, for a term of office beginning March 1. (b) Quorum. The presence of eight of any group listed in § 981.31 (a) Members and alternates shall continue members shall be required to constitute through (c), to be nominated pursuant to to serve until their respective successors a quorum. All decisions of the Board § 981.32. Any such change shall be are selected and qualified. shall be as follows except where based, insofar as practicable, upon the (b) The term of office of members of otherwise specifically provided: 8 or 9 proportionate amounts of almonds the Board shall be for a period of three members present, 6 votes; 10 members handled within any group. years beginning on March 1 of the years present, 7 votes; 11 or 12 members 8. Section 981.32 is amended by selected except where otherwise present, 8 votes. revising paragraph (a) and amending provided. However, for the initial ten (c) Voting by mail, telegram, fax or paragraph (b)(2) by removing the date members of the Board selected pursuant other electronic means. The Board may ‘‘March 31’’ and adding in its place the to this section and to paragraphs (a) and vote by mail, telegram, fax or other date ‘‘December 31’’ to read as follows: (b) of § 981.31, three members shall electronic means upon written notice to serve for a term of one year; three all members, or alternates acting in their § 981.32 Nominations. members shall serve for a term of two place, including in the notice a (a) Method. (1) Each year the terms of years; and four members shall serve for statement of a reasonable time, not to office of three of the members elected a term of three years. For the initial exceed 10 days, in which a vote by mail, pursuant to § 981.31(a) and (b) shall terms of office, at the time of telegram, fax or other electronic means expire, except every third year when the nomination under § 981.32, the Board must be received by the Board for term of office for four of those members shall make this designation by lot. The counting. Voting by mail, telegram, fax shall expire. Nominees for each term of office for the two members or other electronic means shall not be respective member and alternate selected under paragraph (c) of § 981.31 permitted at any assembled meeting of member shall be chosen by ballot shall always be for a period of one year. the Board. When a proposition is delivered to the Board. Nominees (c) Board members may serve for a submitted for vote by mail, telegram, fax chosen by the Board in this manner total of six consecutive years. Members or other electronic means, at least ten shall be submitted by the Board to the who have served for six consecutive members of the Board must vote in favor Secretary on or before February 20 of years must leave the Board for at least of its passage or the proposition shall be each year together with such one year before becoming eligible to defeated. information as the Secretary may serve again. A person who has served * * * * * require. If a nomination for any Board less than six consecutive years on the 12. In § 981.41, paragraph (c) is member or alternate is not received by Board may not be nominated to a new amended by removing the colon and all the Secretary on or before February 20, three year term if his or her total text following the words ‘‘15 percent’’ in the Secretary may select such member consecutive years on the Board at the the last sentence and adding in its place or alternate from persons belonging to end of that new term would exceed six a period and by amending paragraph (a) the group to be represented without years. This limitation on tenure shall by adding a sentence at the end of the nomination. The Board shall mail to all not include service on the Board prior paragraph to read as follows: 55220 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules
§ 981.41 Research and development. 17. Section 981.60 is amended by § 981.76 Handler list of growers. (a) * * * Notwithstanding the revising paragraph (b) to read as follows: No later than December 31 of each foregoing, certified organic almonds crop year, each handler other than a § 981.60 Determination of kernel weight. may be exempt from assessments for cooperative handler (hereinafter, marketing promotion, including paid * * * * * referred to as independent handler) advertising, upon recommendation of (b) Almonds for which settlement is governed by this subpart shall, upon the Board and approval of the Secretary. made on unshelled weight. The request, submit to the Board a complete * * * * * settlement weight for unshelled list of growers who have delivered 13. Section 981.47 is amended by almonds shall be determined on the almonds to such independent handler designating the existing paragraph as basis of representative samples of during that crop year. (a), removing the words ‘‘either unshelled almonds reduced to shelled 24. Section 981.81 is amended by domestic or’’ in the third sentence of weight. adding a new paragraph (e) to read as paragraph (a), and adding a new 18. Section 981.61 is amended by follows: paragraph (b) to read as follows: revising the last sentence to read as follows: § 981.81 Assessment. § 981.47 Method of establishing salable * * * * * § 981.61 Redetermination of kernel weight. and reserve percentages. (e) Any assessment not paid by a * * * * * ** * Weights used in such handler within a period of time (b) Notwithstanding the provisions of computations for various classifications prescribed by the Board may be subject paragraph (a) of this section, the of almonds shall be: to an interest or late payment charge or Secretary shall exempt from any reserve (a) For unshelled almonds, the both. The period of time, rate of interest that is established that part of the crop kernelweight based on representative and late payment charge shall be as which is sold as ‘‘certified organic’’ samples reduced to shelled weight; recommended by the Board and under standards established by the (b) For shelled almonds, the net approved by the Secretary. Subsequent Organic Foods Production Act of 1990, weight; and to such approval, all assessments not (7 U.S.C. 2101 et seq.) and the California (c) For shelled almonds used in paid within the prescribed period of Organic Foods Act of 1990, as amended: production of almond products, the net time shall be subject to an interest or Provided, That handlers provide weight of such almonds. late payment charge or both. adequate documentation demonstrating § 981.62 [Removed] 25. Section 981.90 is amended the almonds were sold as certified redesignating paragraph (b)(2) and (b)(3) organic and met the requirements of the 19. Section 981.62 is removed. as paragraphs (b)(3) and (b)(4) and by aforementioned Acts. The Board may § 981.66 [Removed] amending newly designated paragraph propose regulations to assure (b)(3) by removing the date ‘‘June 1’’ and procedures to implement this section. 20. Section 981.66 is amended by removing paragraphs (b) and (d), adding in its place ‘‘July 1’’ and adding 14. In § 981.49, the introductory a new (b)(2), to read as follows: paragraph is amended by removing the redesignating paragraph (c) as paragraph word ‘‘six’’ and adding in its place the (b), redesignating paragraph (e) as § 981.90 Effective time, suspension, or word ‘‘eight’’, by removing ‘‘; and’’ in paragraph (c), redesignating paragraphs termination. paragraph (e) and adding a period in its (f) and (g) as paragraphs (d) and (e), and * * * * * place, by adding ‘‘and’’ at the end of by amending newly designated (b) * * * paragraph (d); by removing paragraph (f) paragraph (c) by removing all references (2) The Secretary shall conduct a and by revising paragraph (b) to read as to the date ‘‘September 1’’ and adding referendum as soon as practical after the follows: in each place ‘‘December 31’’. end of the fiscal year ending two years § 981.67 [Amended] after [effective date of the final rule], § 981.49 Board estimates and and at such time every fifth year recommendations. 21. Section 981.67 is amended by thereafter, to ascertain whether removing all references to the date * * * * * continuation of the order is favored by ‘‘September 1’’ and adding in each place (b) The estimated handler carryover growers who have been engaged in the ‘‘December 31’’. and the estimated reserve inventory as production of almonds for market 22. Section 981.70 is amended by of July 31; within the State of California during the revising the first sentence to read as * * * * * current crop year. follows: § 981.50 [Amended] * * * * * § 981.70 Records and verification. 15. Amend § 981.50 by adding after § 981.467 [Amended] the words ‘‘into oil’’, the words ‘‘or sold Each handler shall keep records which will clearly show the details of 26. In § 981.467, paragraph (a) is as certified organic.’’ amended by removing the date ‘‘July 1’’ 16. Amend § 981.55 by designating his or her receipts of almonds, withholdings, sales, shipments, and adding in its place ‘‘August 1’’ and the existing paragraph as (a) and adding by removing the words ‘‘export or’’ and a new paragraph (b) to read as follows: inventories, reserve disposition, advertising and promotion activities, as ‘‘or both,’’ from the second sentence in § 981.55 Interhandler transfers. well as other pertinent information paragraph (a). * * * * * regarding his or her operation pursuant § 981.472 [Amended] (b) When saleable and reserve to the provisions of this part: Provided, 27. In § 981.472, paragraph (a) is percentages are in effect, any handler that, such records shall be kept in the amended by removing the dates ‘‘July 1 may transfer reserve withholding State of California. * ** to August 31’’ and adding in its place obligation to other handlers. Terms and 23. A new § 981.76 is added before ‘‘August 1 to August 31.’’ conditions implementing this provision the undesignated center heading must be recommended by the Board and ‘‘Expenses and Assessments’’ to read as [FR Doc. 95–26787 Filed 10–27–95; 8:45 am] approved by the Secretary. follows: BILLING CODE 3410±02±P Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55221
DEPARTMENT OF TRANSPORTATION regulatory docket or notice number and the type certification basis. In addition, be submitted in duplicate to the address the certification basis may include other Federal Aviation Administration specified above. All communications special conditions that are not relevant received on or before the closing date to these proposed special conditions. 14 CFR Part 25 for comments will be considered by the If the Administrator finds that the [Docket No. NM±118; Notice No. SC±95±6± Administrator before further rulemaking applicable airworthiness regulations NM] action is taken on these proposals. The (i.e., part 25, as amended) do not proposals contained in this notice may contain adequate or appropriate safety Special Condition: Israel Aircraft be changed in light of comments standards for the Model Galaxy because Industries (IAI), Model Galaxy, High- received. All comments submitted will of a novel or unusual design feature, Intensity Radiated Fields be available in the Rule Docket for special conditions are prescribed under examination by interested persons, both the provisions of § 21.16 to establish a AGENCY: Federal Aviation before and after the closing date for level of safety equivalent to that Administration, DOT. comments. A report summarizing each established in the regulations. ACTION: Notice of proposed special substantive public contact with FAA Special conditions, as appropriate, are conditions. personnel concerning this rulemaking issued in accordance with § 11.49 of the will be filed in the docket. Persons FAR after public notice, as required by SUMMARY: This notice proposes special wishing the FAA to acknowledge §§ 11.28 and 11.29, and become part of conditions for the Israel Aircraft receipt of their comments submitted in the type certification basis in Industries (IAI) Model Galaxy airplane. response to this notice must submit accordance with § 21.17(a)(2). This new airplane will utilize new with those comments a self-addressed, In addition to the applicable avionics/electronic systems, such as stamped postcard on which the airworthiness regulations and special electronic displays and electronic following statement is made: conditions, the Model Galaxy must engine controls, that perform critical ‘‘Comments to Docket No. NM–118.’’ comply with the fuel vent and exhaust functions. The applicable regulations do The postcard will be date stamped and emission requirements of part 34 and not contain adequate or appropriate returned to the commenter. the noise certification requirements of safety standards for the protection of part 36, and the FAA must issue a these systems from the effects of high- Background finding of regulatory adequacy pursuant intensity radiated fields (HIRF). These On July 29, 1992, Israel Aircraft to § 611 of Public Law 92–574, the proposed special conditions contain the Industries (IAI), Ben Gurion ‘‘Noise Control Act of 1972.’’ additional safety standards that the International Airport, Tel Aviv 70100, Special conditions are initially Administrator considers necessary to Israel, applied for a new type certificate applicable to the model for which they establish a level of safety equivalent to in the transport airplane category for the are issued. Should the type certificate that established by the existing Model Galaxy airplane. On April 19, for that model be amended later to airworthiness standards. 1995, IAI applied for an extension of the include any other model that DATES: Comments must be received on original application and selected June incorporates the same novel or unusual or before December 14, 1995. 21, 1994, as the new reference date of design feature, the special conditions ADDRESSES: Comments on this proposal application. The Model Galaxy is a would also apply to the other model may be mailed in duplicate to: Federal derivative of the IAI Model 1125 under the provisions of § 21.101(a)(1). Aviation Administration, Office of the Westwind Astra and is designed to be a Novel or Unusual Design Features Assistant Chief Counsel, Attn: Rules long-range, high-speed airplane with a The Model Galaxy airplane swept low wing and two aft-fuselage- Docket (ANM–7), Docket No. NM–118, incorporates new avionic/electronic mounted Pratt & Whitney Canada (PWC) 1601 Lind Avenue SW., Renton, systems, such as electronic displays and 306A engines. The Model Galaxy will Washington, 98055–4056; or delivered electronic engine controls, that perform have a maximum takeoff weight of in duplicate to the Office of the critical functions. These systems may be 33,450 pounds, a conventional Assistant Chief Counsel at the above vulnerable to high-intensity radiated empennage, a crew of two, and will be address. Comments must be marked: fields external to the airplane. operated as an executive/corporate or Docket No. NM–118. Comments may be Discussion inspected in the Rules Docket commuter airplane with a maximum weekdays, except Federal holidays, seating capacity of 19 passengers. There is no specific regulation that between 7:30 a.m. and 4:00 p.m. addresses protection requirements for Type Certification Basis electrical and electronic systems from FOR FURTHER INFORMATION CONTACT: Under the provisions of § 21.17, IAI HIRF. Increased power levels from Timothy Dulin, FAA, Standardization must show, except as provided in § 25.2, ground-based radio transmitters and the Branch, ANM–113, Transport Airplane that the Model Galaxy meets the growing use of sensitive electrical and Directorate, Aircraft Certification applicable provisions of part 25, electronic systems to command and Service, 1601 Lind Avenue SW., effective February 1, 1965, as amended control airplanes have made it necessary Renton, Washington, 98055–4056; by Amendments 25–1 through 25–82. In to provide adequate protection. telephone (206) 227–2141; facsimile addition, the proposed certification To ensure that a level of safety is (206) 227–1149. basis for the Model Galaxy includes part achieved equivalent to that intended by SUPPLEMENTARY INFORMATION: 34, effective September 10, 1990, the applicable regulations, special including all amendments in effect at conditions are proposed for the IAI Comments Invited the time of certification; and part 36, Galaxy that would require that electrical Interested persons are invited to effective December 1, 1969, including and electronic systems which perform participate in the making of these all amendments in effect at the time of critical functions be designed and proposed special conditions by certification. No exemptions are installed to preclude component submitting such written data, views, or anticipated. The special conditions that damage and interruption of function arguments as they may desire. may be developed as a result of this due to both the direct and indirect Communications should identify the notice will form an additional part of effects of HIRF. 55222 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules
High-Intensity Radiated Fields (HIRF) It is not a rule of general applicability DATES: Comments must be received on With the trend toward increased and affects only the manufacturer who or before December 4, 1995. power levels from ground-based applied to the FAA for approval of these ADDRESSES: Send comments on the transmitters, plus the advent of space features on the airplane. proposal in triplicate to: Federal and satellite communications, coupled List of Subjects in 14 CFR Part 25 Aviation Administration, Attn: with electronic command and control of Manager, System Management Branch, Aircraft, Aviation safety, Reporting the airplane, the immunity of critical AWP–530, Docket No. 95–AWP–30, Air and record keeping requirements. digital avionics systems to HIRF must be Traffic Division, P.O. Box 92007, established. The authority citation for this special Worldway Postal Center, Los Angeles It is not possible to precisely define condition is as follows: Authority: 49 CA 90009. the HIRF to which the airplane will be U.S.C. app. 1344, 1354(a), 1355, 1421, The official docket may be examined exposed in service. There is also 1423, 1424, 1425, 1428, 1429, 1430, and in the Office of the Assistant Chief uncertainty concerning the effectiveness 49 U.S.C. 106(g). Counsel, Western Pacific Region, of airframe shielding for HIRF. The Proposed Special Condition Federal Aviation Administration, Room Furthermore, coupling of 6007, 15000 Aviation Blvd., Lawndale, Accordingly, the Federal Aviation electromagnetic energy to cockpit- CA 90261. Administration (FAA) proposes the installed equipment through the cockpit An informal docket may also be following special condition as part of window apertures is undefined. Based examined during normal business at the the type certification basis for the IAI on surveys and analysis of existing HIRF Office of the Manager, System Model Galaxy airplanes. 1. Protection emitters, an adequate level of protection Management Branch, Air Traffic from Unwanted Effects of High-Intensity exists when compliance with the HIRF Division at the above address. Radiated Fields (HIRF). Each electrical protection special condition is shown FOR FURTHER INFORMATION CONTACT: and electronic system that performs with either paragraphs 1 OR 2 below: Scott Speer, Airspace Specialist, System 1. A minimum threat of 100 volts per critical functions must be designed and Management Branch, AWP–530, Air meter peak electric field strength from installed to ensure that the operation Traffic Division, Western-Pacific 10 KHz to 18 GHz. and operational capability of these Region, Federal Aviation a. The threat must be applied to the systems to perform critical functions are Administration, 15000 Aviation Blvd., system elements and their associated not adversely affected when the airplane Lawndale, CA 90261, telephone (310) wiring harnesses without the benefit of is exposed to high-intensity radiated 725–6533. airframe shielding. fields. SUPPLEMENTARY INFORMATION: b. Demonstration of this level of For the purpose of this special protection is established through system condition, the following definition Comments Invited applies: tests and analysis. Interested parties are invited to 2. A threat external to the airframe of Critical Functions. Functions whose failure would contribute to or cause a participate in this proposed rulemaking the following field strengths for the by submitting such written data, views, frequency ranges indicted. failure condition that would prevent the continued safe flight and landing of the or arguments as they may desire. Comments that provide the factual basis Peak Average airplane. Frequency (V/M) (V/M) supporting the views and suggestions Issued in Renton, Washington, on October presented are particularly helpful in 13, 1995. 10 KHz±100 KHz ...... 50 50 developing reasoned regulatory 100 KHz±500 KHz .... 60 60 Darrell M. Pederson, decisions on the proposal. Comments 500 KHz±2 MHz ...... 70 70 Acting Manager, Transport Airplane are specifically invited on the overall 2 MHz±30 MHz ...... 200 200 Directorate, Aircraft Certification Service, regulatory, aeronautical, economic, ANM–100. 30 MHz±100 MHz ..... 30 30 environmental, and energy-related 100 MHz±200 MHz ... 150 33 [FR Doc. 95–26770 Filed 10–27–95; 8:45 am] aspects of the proposal. 200 MHz±400 MHz ... 70 70 BILLING CODE 4910±13±M 400 MHz±700 MHz ... 4,020 935 Communications should identify the 700 MHz±1 GHz ...... 1,700 170 airspace docket number and be 1 GHz±2 GHz ...... 5,000 990 submitted in triplicate to the address 14 CFR Part 71 2 GHz±4 GHz ...... 6,680 840 listed above. Commenters wishing the 4 GHz±6 GHz ...... 6,850 310 [Airspace Docket No. 95±AWP±30] FAA to acknowledge receipt of their 6 GHz±8 GHz ...... 3,600 670 comments on this notice must submit 8 GHz±12 GHz ...... 3,500 1,270 Proposed Establishment of Class D with the comments a self-addressed, 12 GHz±18 GHz ...... 3,500 360 Airspace and Amendment of Class E 18 GHz±40 GHz ...... 2,100 750 stamped postcard on which the Airspace; Elko, NV following statement is made: As discussed above, the proposed AGENCY: Federal Aviation ‘‘Comments to Airspace Docket No. 95– special conditions would be applicable Administration (FAA), DOT. AWP–30.’’ The postcard will be date/ initially to the IAI Model Galaxy. ACTION: Notice of proposed rulemaking. time stamped and returned to the Should IAI apply at a later date for a commenter. All communications change to the type certificate to include SUMMARY: This notice proposes to received on or before the specified another model incorporating the same establish a Class D and amend Class E closing date for comments will be novel or unusual design feature, the airspace at Elko Municipal-J.C. Harris considered before taking action on the special conditions would apply to that Field, Elko, NV. The development of a proposed rule. The proposal contained model as well, under the provisions of Global Positioning System (GPS) in this notice may be changed in light § 21.101(a)(1). Standard Instrument Approach of comments received. All comments Procedure (SIAP) to Runway (RWY) 5 submitted will be available for Conclusion and establishment of a Airport Traffic examination in the System Management This action affects certain design Control Tower has made this proposal Branch, Air Traffic Division, at 15000 features only on the IAI Galaxy airplane. necessary. Aviation Blvd., Lawndale, CA 90261, Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55223 both before and after the closing date for The Proposed Amendment AWP NV E5 Elko, NV [Revised] comments. A report summarizing each Elko Municipal-J.C. Harris Field, NV substantive public contact with FAA In consideration of the foregoing, the (Lat. 40°49′31′′N, long. 115°47′28′′W) personnel concerned with this Federal Aviation Administration That airspace extending upward from 700 rulemaking will be filed in the docket. proposes to amend 14 CFR part 71 as feet above the surface within an 8.3-mile follows: radius of Elko Municipal-J.C. Harris Field Availability of NPRM and within 1.8 miles either side of 248° PART 71Ð[AMENDED] bearing from the Elko Municipal-J.C. Harris Any person may obtain a copy of this Field, extending from the 8.3-mile radius to Notice of Proposed Rulemaking (NPRM) 1. The authority citation for 14 CFR the 11.7 miles southwest of the Elko by submitting a request to the Federal part 71 is revised to read as follows: Municipal-J.C. Harris Field and within 3.9 Aviation Administration, System miles east and 8.3 miles west of the 161° Authority: 49 U.S.C. 106(g), 40103, 40113, bearing from the Elko Municipal-J.C. Harris Management Branch, P.O. Box 92007, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– Field, extending from the 8.3-mile radius to Worldway Postal Center, Los Angeles, 1963 Comp., p. 389; 14 CFR 11.69. California 90009. Communications must 21.7 miles south of Elko Municipal-J.C. identify the notice number of this § 71.1 [Amended] Harris Field and within 4.3 miles each side of the 075° bearing from the Elko Municipal- NPRM. Persons interested in being 2. The incorporation by reference in J.C. Harris Field, extending from the 8.3-mile placed on a mailing list for future 14 CFR 71.1 of the Federal Aviation radius to 17.8 miles northeast of the airport. NPRM’s should also request a copy of Administration Order 7400.9C, Airspace That airspace extending upward from 1,200 Advisory Circular No. 11–2A, which Designations and Reporting Points, feet above the surface within an 18.7 mile describes the application procedures. dated August 17, 1995, and effective radius of Elko Municipal-J.C. Harris Field, and that airspace bounded on the north by The Proposal September 16, 1995, is amended as the south edge of V–6, on the south by the follows: north edge of V–32, on the east by the 18.7- The FAA is considering an Paragraph 5000 Class D Airspace mile radius west of the Elko Municipal-J.C. amendment to part 71 of the Federal Harris Field and that airspace bounded by a Aviation Regulations (14 CFR part 71), * * * * * line beginning at lat. 40°34′00′′N, long. to establish a Class D and amend Class AWP NV D Elko, NV [New] 116°00′00′′W; to lat. 40°27′00′′N, long. E airspace at Elko, NV. The 116°36′00′′W; to lat. 40°31′00′′N, long. Elko Municipal-J.C. Harris Field, NV ° ′ ′′ ° ′ ′′ development of GPS SIAP and (Lat. 40°49′31′′N, long 115°47′28′′W) 116 38 00 N; to lat. 40 32 00 N, long. 116°33′00′′W; to lat. 40°33′30′′N, long. establishment of an Airport Traffic That airspace extending upward from the ° ′ ′′ ° ′ ′′ Control Tower at Elko Municipal-J.C. 116 33 30 W; to lat. 40 38 00 N, long. surface to including 7,700 feet MSL within a 116°07′00′′W, thence via the 18.7-mile radius Harris Field has made this proposal 4.3-mile radius of Elko Municipal-J.C. Harris of Elko Municipal-J.C. Harris Field to the necessary. Class D and Class E airspace Field and within 1.8 miles each side of the point of beginning. designations are published in 248° bearing from the Elko Municipal-J.C. * * * * * Paragraphs 5000, 6002, and 6005 of Harris Field, extending from the 4.3-mile radius to 6 miles southwest of the airport. Issued in Los Angeles, California, on FAA Order 7400.9C dated August 17, October 16, 1995. 1995, and effective September 16, 1995, This Class D airspace area is effective during the specific dates and times established in Richard R. Lien, which is incorporated by reference in 14 advanced by a Notice to Airmen. The Manager, Air Traffic Division, Western-Pacific CFR 71.1. The Class D and E airspace effective date and time will thereafter be Region. designations listed in this document continuously published in the Airport/ [FR Doc. 95–26768 Filed 10–27–95; 8:45 am] would be published subsequently in Facility Directory. BILLING CODE 4910±13±M this Order. * * * * * The FAA has determined that this Paragraph 6002 Class E Airspace Areas proposed regulation only involves an Designated as a Surface Area for an Airport 14 CFR Part 71 established body of technical * * * * * regulations for which frequent and [Airspace Docket No. 95±ACE±10] routine amendments are necessary to AWP NV E2, Elko, NV [Revised] Proposed Amendment to Class E keep them operationally current. Elko Municipal-J.C. Harris Field, NV Airspace; Omaha, Millard Airport, NE Therefore, this proposed regulation—(1) (Lat. 40°49′31′′N, long. 115°47′28′′W) is not a ‘‘significant regulatory action’’ Within a 4.3-mile radius of the Elko AGENCY: Federal Aviation under Executive Order 12866; (2) is not Municipal-J.C. Harris Field and within 1.8 Administration (FAA), DOT. ° a ‘‘significant rule’’ under DOT miles each side of the 248 bearing from the ACTION: Notice of proposed rulemaking. Regulatory Policies and Procedures (44 Elko Municipal-J.C. Harris Field, extending FR 10034; February 26, 1979); and (3) from the 4.3-mile radius to 6 miles southwest SUMMARY: This notice proposes to of the Elko Municipal-J.C. Harris Field and does not warrant preparation of a ° amend the Class E airspace area at within 1.8 miles each side of the 075 bearing Omaha, Millard Airport, NE. The Regulatory Evaluation as the anticipated from the Elko Municipal-J.C. Harris Field, impact is so minimal. Since this is a extending from the 4.3-mile radius to 8.3 development of a new Standard routine matter that will only affect air miles northeast of the airport. This Class E Instrument Approach Procedure (SIAP) traffic procedures and air navigation, it airspace area is effective during the specific based on the Global Positioning System is certified that this proposed rule dates and times established in advanced by has made the proposal necessary. The would not have a significant economic a Notice to Airmen. The effective date and intended effect of this proposal is to impact on a substantial number of small time will thereafter be continuously provide an additional .4 mile of entities under the criteria of the published in the Airport/Facility Directory. controlled airspace for aircraft executing Regulatory Flexibility Act. * * * * * the SIAP at Omaha, Millard Airport, NE. DATES: Comments must be received on List of Subjects in 14 CFR Part 71 Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More or before December 1, 1995. Airspace, Incorporation by reference, Above the Surface of the Earth ADDRESSES: Send comments on the Navigation (air). * * * * * proposal in triplicate to: Manager, Air 55224 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules
Traffic Operations Branch, ACE–530, Aviation Administration, Office of amend part 71 of the Federal Aviation Federal Aviation Administration, Public Affairs, Attention: Public Inquiry Regulations (14 CFR part 71) as follows: Docket No. 95–ACE–10, 601 East 12th Center, APA–230, 800 Independence Street, Kansas City, MO 64106. Avenue, SW, Washington, DC 20591, or PART 71Ð[AMENDED] The official docket may be examined by calling (202) 267–3484. 1. The authority citation for part 71 in the Office of the Assistant Chief Communications must identify the continues to read as follows: Counsel for the Central Region at the notice number of this NPRM. Persons same address between 9:00 a.m. and interested in being placed on a mailing Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 3:00 p.m., Monday through Friday, list for future NPRMs should also 1963 Comp., p. 389; 14 CFR 11.69. except Federal holidays. request a copy of Advisory Circular No. An informal docket may also be 11–2A, which describes the procedures. § 71.1 [Amended] examined during normal business hours 2. The incorporation by reference in The Proposal in the office of the Manager, Air Traffic 14 CFR 71.1 of Federal Aviation Operations Branch, Air Traffic Division, The FAA is considering an Administration Order 7400.9C, Airspace at the address listed above. amendment to part 71 of the Federal Designations and Reporting Points, FOR FURTHER INFORMATION CONTACT: Aviation Regulations (14 CFR part 71) to dated August 17, 1995, and effective Kathy Randolph, Air Traffic Division, provide additional controlled airspace September 16, 1995, is amended as Air Traffic Operations Branch, ACE– for a new Instrument Flight Rules (IFR) follows: 530C, Federal Aviation Administration, procedure at the Omaha, Millard Paragraph 6005 Class E Airspace Areas 601 East 12th Street, Kansas City, Airport. The additional airspace would Extending Upward From 700 Feet or More Missouri 64106; telephone number: segregate aircraft operating under VFR Above the Surface of the Earth (816) 426–3408. conditions from aircraft operating under * * * * * IFR procedures. The area would be SUPPLEMENTARY INFORMATION: depicted on appropriate aeronautical ACE NE E5 Omaha, Millard Airport, NE Comments Invited charts thereby enabling pilots to [Revised] Omaha, Millard Airport, NE Interested parties are invited to circumnavigate the area or otherwise ° ′ ′′ ° ′ ′′ comply with IFR procedures. Class E (Lat. 41 11 46 N, long. 96 06 44 W) participate in this proposed rulemaking Millard NDB by submitting such written data, views, airspace designations for airspace areas (Lat. 41°11′42′′N, long. 96°06′51′′W) extending upward from 700 feet or more or arguments as they may desire. That airspace extending upward from 700 Comments that provide the factual basis above the surface of the earth are feet above the surface within a 6.4-mile supporting the views and suggestions published in paragraph 6005 of FAA radius of Millard Airport and within 4.4 presented are particularly helpful in Order 7400.9C, dated August 17, 1995, miles each side of the 316° bearing from the developing reasoned regulatory and effective September 16, 1995, which Millard NDB extending from the 6.4-mile is incorporated by reference in 14 CFR radius to 8.3 miles northwest of the airport, decisions on the proposal. Comments excluding that airspace which lies within the are specifically invited on the overall 71.1. The Class E airspace designation listed in this document would be Eppley Airfield And Offutt Air Force Base E5 regulatory, economic, environmental, airspace. published subsequently in the Order. and energy-related aspects of the * * * * * proposal. Communications should The FAA has determined that this Issued in Kansas City, MO, on October 4, identify the airspace docket number and proposed regulation only involves an 1995. be submitted in triplicate to the address established body of technical Herman J. Lyons, Jr., regulations for which frequent and listed above. Commenters wishing the Manager, Air Traffic Division, Central Region. routine amendments are necessary to FAA to acknowledge receipt of their [FR Doc. 95–26762 Filed 10–27–95; 8:45 am] comments on this notice must submit keep them operationally current. BILLING CODE 4910±13±M with those comments a self-addressed, Therefore, this proposed regulation—(1) stamped postcard on which the is not a ‘‘significant regulatory action’’ following statement is made: under Executive Order 12866; (2) is not 14 CFR Part 71 ‘‘Comments to Airspace Docket No. 95– a ‘‘significant rule’’ under DOT ACE–10.’’ The postcard will be date/ Regulatory Policies and Procedures (44 [Airspace Docket No. 95±AWP±32] time stamped and returned to the FR 11034; February 26, 1979); and (3) does not warrant preparation of a Proposed Amendment of Class E commenter. All communications Airspace; Lovelock, NV received on or before the closing date Regulatory Evaluation as the anticipated for comments will be considered before impact is so minimal. Since this is a AGENCY: Federal Aviation taking action on the proposed rule. The routine matter that will only affect air Administration (FAA), DOT. proposal contained in this notice may traffic procedures and air navigation, it ACTION: Notice of proposed rulemaking. be changed in light of comments is certified that this proposed rule will received. All comments submitted will not have a significant economic impact SUMMARY: This notice proposes to be available for examination in the on a substantial number of small entities amend the Class E airspace area at Rules Docket both before and after the under the criteria of the Regulatory Lovelock, NV. The development of a closing date for comments. A report Flexibility Act. Global Positioning System (GPS) Standard Instrument Approach summarizing each substantive public List of Subjects in 14 CFR Part 71 contact with FAA personnel concerned Procedure (SIAP) to Runaway (RWY) 1 with this rulemaking will be filed in the Airspace, Incorporation by reference, has made this proposal necessary. The docket. Navigation (air). intended effect of this proposal is to provide adequate controlled airspace for Availability of NPRMs The Proposed Amendment Instrument Flight Rules (IFR) operations Any person may obtain a copy of this Accordingly, pursuant to the at Lovelock Derby Field, Lovelock, NV. Notice of Proposed Rulemaking (NPRM) authority delegated to me, the Federal DATES: Comments must be received on by submitting a request to the Federal Aviation Administration proposes to or before December 6, 1995. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55225
ADDRESSES: Send comments on the summarizing each substantive public The Proposed Amendment proposal in triplicate to: Federal contract with FAA personnel concerned Aviation Administration, Attn: with this rulemaking will be filed in the In consideration of the foregoing, the Manager, System Management Branch, docket. Federal Aviation Administration proposes to amend 14 CFR part 71 as AWP–530, Docket No. 95–AWP–32, Air Availability of NPRM Traffic Division, P.O. Box 92007, follows: Worldway, Postal Center, Los Angeles, Any person may obtain a copy of this California, 90009. Notice of Proposed Rulemaking (NPRM) PART 71Ð[AMENDED] The official docket may be examined by submitting a request to the Federal in the Office of the Assistant Chief Aviation Administration, System 1. The authority citation for 14 CFR Counsel, Western Pacific Region, Management Branch, P.O. Box 92007, part 71 is revised to read as follows: Federal Aviation Administration, Room Worldway Postal Center, Los Angeles, Authority: 49 U.S.C. 106(g), 40103, 40113, 6007, 15000 Aviation Boulevard, California 90009. Communications must 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Lawndale, California, 90261. identify the notice number of this 1963 Comp., p. 389; 14 CFR 11.69. An informal docket may also be NPRM. Persons interested in being examined during normal business at the placed on a mailing list for future § 71.1 [Amended] NPRM’s should also request a copy of Office of the Manager, System 2. The incorporation by reference in Management Branch, Air traffic Division Advisory Circular No. 11–2A, which described the application procedure. 14 CFR 71.1 of the Federal Aviation at the above address. Administration Order 7400.9C, Airspace FOR FURTHER INFORMATION CONTACT: The Proposal Designations and Reporting Points, Scott Speer, Airspace Specialist, System The FAA is considering an dated August 17, 1995, and effective Management Branch, AWP–530, Air amendment to part 71 of the Federal September 16, 1995, is amended as Traffic Division, Western-Pacific Aviation Regulations (14 CFR part 71) to follows: Region, Federal Aviation amend the Class E airspace area at Administration, 15000 Aviation Paragraph 6005 Class E Airspace Areas Lovelock, NV. The development of GPS Boulevard, Lawndale, California, 90261, Extending Upward From 700 Feet or More SIAP at Lovelock Derby Field has made telephone (301) 725–6533. Above the Surface of the Earth this proposal necessary. The intended * * * * * SUPPLEMENTARY INFORMATION: effect of this proposal is to provide Comments Invited adequate Class E airspace for aircraft AWP NV E5 Lovelock, NV [Revised] executing the GPS RWY 1 SIAP at Interested parties are invited to Lovelock Derby Field, NV Lovelock Derby Field, Lovelock, NV. (Lat. 40°03′59′′N, long. 118°33′55′′W) participate in this proposed rulemaking Class E airspace designations for by submitting such written data, views, Lovelock VORTAC airspace areas extending upward from (Lat. 40°07′30′′N, long. 118°34′40′′W) or arguments as they may desire. 700 feet or more above the surface of the Comments that provide the factual basis That airspace extending upward from 700 earth are published in Paragraph 6005 of feet above the surface within a 4.3-mile supporting the views and suggestions FAA Order 7400.9C dated August 17, presented are particularly helpful in radius of Lovelock Derby Field and within 1995, and effect September 16, 1995, 3.5 miles each side of the 349° radial of the developing reasoned regulatory which is incorporated be reference in 14 decisions on the proposal. Comments Lovelock VORTAC, extending from the 4.3- CFR 71.1. The Class E airspace mile radius to 10.4 miles north of the are specifically invited on the overall designation listed in this document regulatory, aeronautical, economic, Lovelock VORTAC. That airspace extending would published subsequently in this upward from 1,200 feet above the surface environmental, and energy-related Order. ° ′ ′′ aspects of the proposal. beginning at lat. 40 37 30 N, long. The FAA has determined that this 118°36′34′′W; to lat. 40°12′00′′N, long. Communications should identify the proposed regulation only involves an 118°55′04′′W; to lat. 40°03′00′′N, long. airspace docket number and be established body of technical 118°52′04′′W; to lat. 40°18′00′′N, long. submitted in triplicate to the address regulations for which frequent and 118°22′34′′W; to lat. 40°27′00′′N, long. listed above. Commenters wishing the routine amendments are necessary to 118°34′04′′, to the point of beginning and that FAA to acknowledge receipt of their keep them operationally current. airspace beginning at lat. 40°05′00′′N, long. comments on this notice must submit Therefore, this proposed regulation—(1) 118°28′29′′W; to lat. 40°06′00′′N, long. with the comments a self-addressed, is not a ‘‘significant regulatory action’’ 118°23′04′′; to lat. 40°03′00′′N, long. stamped postcard on which the under Executive Order 12866; (2) is not 118°22′04′′W; to lat. 40°00′00′′N, long. following statement is made: a ‘‘significant rule’’ under DOT 118°31′44′′, thence via a 4.3-mile radius of ‘‘Comments to Airspace Docket No. 95– Regulatory Policies and Procedures (44 Derby Field to the point of beginning and AWP–32.’’ The postcard will be date/ FR 1034; February 26, 1979); and (3) that airspace bounded by a line beginning at time stamped and returned to the does not warrant preparation of a lat. 40°23′00′′N, long. 118°29′00′′W; to lat. commenter. All communications Regulatory Evaluation as the anticipated 40°32′00′′N, long. 118°14′00′′W; to lat. received on or before the specified impact is so minimal. Since this is a 40°22′00′′N, long. 118°14′00′′W; to lat. closing date for comments will be routine matter that will only affect air 40°18′00′′N, long. 118°23′00′′W; thence to the considered before taking action on the traffic procedures and air navigation, it point of beginning. proposed rule. The proposal contained is certified that this proposed rule * * * * * in this notice may be changed in light would not have a significant economic Issued in Los Angeles, California, on of comments received. All comments impact on a substantial number of small October 16, 1995. submitted will be available for entities under the criteria of the Richard R. Lien, examination in the System Management Regulatory Flexibility Act. Branch, Air Traffic Division, at 15000 Manager, Air Traffic Division, Western-Pacific Aviation Boulevard, Lawndale, List of Subjects in 14 CFR Part 71 Region. California 90261, both before and after Airspace, Incorporation by reference, [FR Doc. 95–26771 Filed 10–27–95; 8:45 am] the closing date for comments. A report Navigation (air). BILLING CODE 4910±13±M 55226 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules
14 CFR Part 71 listed above. Commenters wishing the listed in this document would be FAA to acknowledge receipt of their published subsequently in the Order. [Airspace Docket No. 95±AGL±14] comments on this notice must submit The FAA has determined that this Proposed Amendment of Class E with those comments a self-addressed, proposed regulation only involves an Airspace; Britton, SD, Britton stamped postcard on which the established body of technical Municipal Airport following statement is made: regulations for which frequent and ‘‘Comments to Airspace Docket No. 95– routine amendments are necessary to AGENCY: Federal Aviation AGL–14.’’ The postcard will be date/ keep them operationally current. Administration (FAA), DOT. time stamped and returned to the Therefore this, proposed regulation—(1) ACTION: Notice of proposed rulemaking. commenter. All communications Is not a ‘‘significant regulatory action’’ received on or before the specified under Executive Order 12866; (2) is not SUMMARY: This notice proposes to closing date for comments will be a ‘‘significant rule’’ under DOT amend the Class E airspace at Britton, considered before taking action on the Regulatory Policies and Procedures (44 SD. A nondirectional radio beacon proposed rule. The proposal contained FR 11034; February 26, 1979); and (3) (NDB) or Global Positioning System in this notice may be changed in light does not warrant preparation of a (GPS) standard instrument approach of comments received. All comments Regulatory Evaluation as the anticipated procedure (SIAP) to Runway 13 has submitted will be available for impact is so minimal. Since this is a been revised for the Britton Municipal examination in the Rules Docket, FAA, routine matter that will only affect air Airport. Controlled airspace extending Great Lakes Region, Office of the traffic procedures and air navigation, it upward from 700 and 1200 feet above Assistant Chief Counsel, 2300 East is certified that this proposed rule will ground level (AGL) is needed for aircraft Devon Avenue, Des Plaines, Illinois, not have a significant economic impact executing the approach. both before and after the closing date for on a substantial number of small entities DATES: Comments must be received on comments. A report summarizing each under the criteria of the Regulatory or before December 7, 1995. substantive public contact with FAA Flexibility Act. ADDRESSES: Send comments on the personnel concerned with this List of Subjects in 14 CFR Part 71 proposal in triplicate to: Federal rulemaking will be filed in the docket. Aviation Administration, Office of the Airspace, Incorporation by reference, Assistant Chief Counsel, AGL–7, Rules Availability of NPRM’s Navigation (air). Docket No. 95–AGL–14, 2300 East Any person may obtain a copy of the The Proposed Amendment Devon Avenue, Des Plaines, Illinois Notice of Proposed Rulemaking (NPRM) Accordingly, pursuant to the 60018. by submitting a request to the Federal authority delegated to me, the Federal The official docket may be examined Aviation Administration, Office of Aviation Administration proposes to in the Office of the Assistant Chief Public Affairs, Attention: Public Inquiry amend part 71 of the Federal Aviation Counsel, Federal Aviation Center, APA–230, 800 Independence Regulations (14 CFR part 71) as follows: Administration, 2300 East Devon Avenue, S.W., Washington, DC 20591, Avenue, Des Plaines, Illinois. An or by calling (202) 267–3484. PART 71Ð[AMENDED] informal docket may also be examined Communications must identify the during normal business hours at the Air 1. The authority citation for part 71 notice number of this NPRM. Persons continues to read as follows: Traffic Division, System Management interested in being placed on a mailing Branch, Federal Aviation list for future NPRM’s should also Authority: 49 U.S.C. 106(g) 40103, 40113, Administration, 2300 East Devon request a copy of Advisory Circular No. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389; 14 CFR 11.69. Avenue, Des Plaines, Illinois. 11–2A, which describes the application FOR FURTHER INFORMATION CONTACT: procedure. § 71.1 [Amended] William W. Kribble, Air Traffic The Proposal 2. The incorporation by reference in Division, System Management Branch, 14 CFR 71.1 of the Federal Aviation AGL–530, Federal Aviation The FAA is considering an Administration Order 7400.9C, Airspace Administration, 2300 East Devon amendment to part 71 of the Federal Designations and Reporting Points, Avenue, Des Plaines, Illinois 60018, Aviation Regulations (14 CFR part 71) to dated August 17, 1995, and effective telephone (708) 294–7568. amend Class E airspace at Britton, SD. September 16, 1995, is amended as SUPPLEMENTARY INFORMATION: This proposal would provide adequate follows: Class E airspace for IFR operators Comments Invited Paragraph 6005 Class E Airspace Areas executing the NDB or GPS Runway 13 Extending From 700 Feet or More Above the Interested parties are invited to SIAP at Britton Municipal Airport. Surface of the Earth participate in this proposed rulemaking Controlled airspace extending from 700 * * * * * by submitting such written data, views, and 1200 feet AGL is needed for aircraft or arguments as they may desire. executing the approach. The area would AGL SD E5 Britton, SD [Revised] Comments that provide the factual basis be depicted on appropriate aeronautical (lat. 45°48′57′′N, long. 97°44′39′′W) supporting the views and suggestions charts thereby enabling pilots to That airspace extending upward from 700 presented are particularly helpful in circumnavigate the area or otherwise feet above the surface within a 7-mile radius developing reasoned regulatory comply with IFR procedures. Class E of the Britton Municipal Airport and that decisions on the proposal. Comments airspace designations for airspace areas airspace extending upward from 1,200 feet above the surface bounded on the west by are specifically invited on the overall extending upward from 700 feet or more long. 983000W, on the north by lat. 463000N, regulatory, aeronautical, economic, above the surface of the earth are on the east by long. 970000W, and on the environmental, and energy-related published in paragraph 6005 of FAA south by lat. 443000N, excluding the Fargo, aspects of the proposal. Order 7400.9C dated August 17, 1995, ND; Watertown, SD, Huron, SD; Aberdeen, Communications should identify the and effective September 16, 1995, which SD; 1,200 foot Class E airspace areas and all airspace docket number and be is incorporated by reference in 14 CFR federal airways. submitted in triplicate to the address 71.1. The Class E airspace designation * * * * * Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55227
Issued in Des Plaines, Illinois on October decisions on the proposal. Comments airspace areas extending upward from 12, 1995. are specifically invited on the overall 700 feet or more above the surface of the Maureen Woods, regulatory, aeronautical, economic, earth are published in paragraph 6005 of Acting Manager, Air Traffic Division. environmental, and energy-related FAA Order 7400.9C dated August 17, [FR Doc. 95–26767 Filed 10–17–95; 8:45 am] aspects of the proposal. 1995, and effective September 16, 1995, BILLING CODE 4910±13±M Communications should identify the which is incorporated by reference in 14 airspace docket number and be CFR 71.1. The Class E airspace submitted in triplicate to the address designation listed in this document 14 CFR Part 71 listed above. Commenters wishing the would be published subsequently in the FAA to acknowledge receipt of their Order. [Airspace Docket No. 95±AGL±13] comments on this notice must submit The FAA has determined that this Proposed Establishment of Class E with those comments a self-addressed, proposed regulation only involves an Airspace; Eagle Butte, SD, Cheyenne stamped postcard on which the established body of technical Eagle Butte Airport following statement is made: regulations for which frequent and ‘‘Comments to Airspace Docket No. 95– routine amendments are necessary to AGENCY: Federal Aviation AGL–13.’’ The postcard will be date/ keep them operationally current. Administration (FAA), DOT. time stamped and returned to the Therefore this, proposed regulation—(1) ACTION: Notice of proposed rulemaking. commenter. All communications is not a ‘‘significant regulatory action’’ received on or before the specified under Executive Order 12866; (2) is not SUMMARY: This notice proposes to closing date for comments will be a ‘‘significant rule’’ under DOT establish Class E airspace at Eagle Butte, considered before taking action on the Regulatory Policies and Procedures (44 SD. A Global Positioning System (GPS) proposed rule. The proposal contained FR 11034; February 26, 1979); and (3) standard instrument approach in this notice may be changed in light does not warrant preparation of a procedure (SIAP) to Runway 31 has of comments received. All comments Regulatory Evaluation as the anticipated been developed for the Cheyenne Eagle submitted will be available for impact is so minimal. Since this is a Butte Airport. Controlled airspace examination in the Rules Docket, FAA, routine matter that will only affect air extending upward from 700 feet above Great Lakes Region, Office of the traffic procedures and air navigation, it ground level (AGL) and from 1200 feet Assistant Chief Counsel, 2300 East is certified that this proposed rule will AGL is needed for aircraft executing the Devon Avenue, Des Plaines, Illinois, not have a significant economic impact approach. both before and after the closing date for on a substantial number of small entities DATES: Comments must be received on comments. A report summarizing each under the criteria of the Regulatory or before December 12, 1995. substantive public contact with FAA Flexibility Act. personnel concerned with this ADDRESSES: Send comments on the List of Subjects in 14 CFR Part 71 proposal in triplicate to: Federal rulemaking will be filed in the docket. Airspace, Incorporation by reference, Aviation Administration, Office of the Availability of NPRM’s Assistant Chief Counsel, AGL–7, Rules Navigation (air). Any person may obtain a copy of the Docket No. 95–AGL–13, 2300 East The Proposed Amendment Devon Avenue, Des Plaines, Illinois Notice of Proposed Rulemaking (NPRM) Accordingly, pursuant to the 60018. by submitting a request to the Federal authority delegated to me, the Federal The official docket may be examined Aviation Administration, Office of Aviation Administration proposes to in the Office of the Assistant Chief Public Affairs, Attention: Public Inquiry amend part 71 of the Federal Aviation Counsel, Federal Aviation Center, APA–230, 800 Independence Regulations (14 CFR part 71) as follows: Administration, 2300 East Devon Avenue, SW., Washington, DC 20591, or by calling (202) 267–3484. Avenue, Des Plaines, Illinois. An PART 71Ð[AMENDED] informal docket may also be examined Communications must identify the during normal business hours at the Air notice number of this NPRM. Persons 1. The authority citation for part 71 Traffic Division, System Management interested in being placed on a mailing continues to read as follows: Branch, Federal Aviation list for future NPRM’s should also request a copy of Advisory Circular No. Authority: 49 U.S.C. 106(g), 40103, 40113, Administration, 2300 East Devon 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Avenue, Des Plaines, Illinois. 11–2A, which describes the application 1963 Comp., p. 389; 14 CFR 11.69. procedure. FOR FURTHER INFORMATION CONTACT: § 71.1 [Amended] William W. Kribble, Air Traffic The Proposal 2. The incorporation by reference in Division, System Management Branch, The FAA is considering an 14 CFR 71.1 of the Federal Aviation AGL–530, Federal Aviation amendment to part 71 of the Federal Administration Order 7400.9C, Airspace Administration, 2300 East Devon Aviation Regulations (14 CFR part 71) to Designations and Reporting Points, Avenue, Des Plaines, Illinois 60018, establish Class E airspace at Eagle Butte, dated August 17, 1995, and effective telephone (708) 294–7568. SD. This proposal would provide September 16, 1995, is amended as SUPPLEMENTARY INFORMATION: adequate Class E airspace for operators follows: executing the GPS Runway 31 SIAP at Comments Invited Cheyenne Eagle Butte Airport. Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Interested parties are invited to Controlled airspace extending from 700 Above the Surface of the Earth participate in this proposed rulemaking feet AGL and 1200 feet AGL is needed by submitting such written data, views, for aircraft executing the approach. The * * * * * or arguments as they may desire. area would be depicted on appropriate AGL SD E5 Eagle Butte, SD [New] Comments that provide the factual basis aeronautical charts thereby enabling (lat. 44°59′06′′ N, long. 101°15′07′′ W) supporting the views and suggestions pilots to circumnavigate the area or That airspace extending upward from 700 presented are particularly helpful in otherwise comply with IFR procedures. feet above the surface within a 7-mile radius developing reasoned regulatory Class E airspace designations for of the Cheyenne Eagle Butte Airport and that 55228 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules airspace extending upward from 1,200 feet List of Subjects in 26 CFR Part 301 consolidated administrative and judicial above the surface from the 7-mile radius to Employment taxes, Estate taxes, proceedings to determine the tax 9 miles northwest of the airport clockwise treatment of partnership items at the from V120 to V344 and from the 7-mile Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping partnership level. Under this radius to the 19-mile radius east of the consolidated proceeding, the tax matters airport clockwise from V344 to V120. requirements. partner of a partnership represents the * * * * * Withdrawal of Notice of Proposed partnership before the IRS in all tax Issued in Des Plaines, Illinois on October Rulemaking matters for a specific taxable year. 14, 1995. Accordingly, under the authority of Section 6231(a)(7) provides that the Maureen Woods, tax matters partner of a partnership is Acting Manager, Air Traffic Division. 26 U.S.C. 7805, the notice of proposed rulemaking that was published in the the general partner designated as the tax [FR Doc. 95–26763 Filed 10–27–95; 8:45 am] Federal Register on August 31, 1992, matters partner as provided in BILLING CODE 4910±13±M (57 FR 39379) is withdrawn. regulations or, if no general partner is designated, the general partner having Margaret Milner Richardson, the largest profits interest in the DEPARTMENT OF THE TREASURY Commissioner of Internal Revenue. partnership at the close of the taxable [FR Doc. 95–26884 Filed 10–27–95; 8:45 am] year involved (largest-profits-interest Internal Revenue Service BILLING CODE 4830±01±U rule). Section 6231(a)(7) also provides that, if no general partner is designated 26 CFR Part 301 and the Commissioner determines that 26 CFR Part 301 [IA±4±92] it is impracticable to apply the largest- [PS±34±92] profits-interest rule, the partner selected RIN 1545±AQ49 by the Commissioner is treated as the RIN 1545±AS09 Authority of the Federal Crop tax matters partner. Proposed regulations under sections Insurance Corporation To Require Selection of Tax Matters Partner for 6221 through 6231 and section 6233 Employer Identification Numbers From Limited Liability Companies were published in the Federal Register Policyholders and Reinsured AGENCY: Internal Revenue Service (IRS), (51 FR 13231) on April 18, 1986. Several Companies for Purposes of the Federal Treasury. comments on the proposed regulations Crop Insurance Act ACTION: Notice of proposed rulemaking. were received, but no public hearing AGENCY: Internal Revenue Service (IRS), was requested and none was held. Treasury. SUMMARY: This document contains Temporary regulations identical to the proposed regulations relating to the proposed regulations were published in ACTION: Withdrawal of notice of designation or selection of a tax matters proposed rulemaking. the Federal Register (52 FR 6779) on partner for limited liability companies March 5, 1987. The temporary and SUMMARY: This document withdraws the classified as partnerships. This proposed regulations remain notice of proposed rulemaking document also amends current outstanding. published in the Federal Register on proposed regulations to consolidate On February 29, 1988, the IRS August 31, 1992, that relates to the certain guidance necessary to determine published Rev. Proc. 88–16, 1988–1 C.B. authority of the Federal Crop Insurance the tax matters partner for partnerships. 691. This revenue procedure describes Corporation (FCIC) to require DATES: Written comments and requests circumstances under which the IRS will policyholders and reinsured companies for a public hearing must be received by determine that it is impracticable to to furnish employer identification January 29, 1996. apply the largest-profits-interest rule and describes the criteria the IRS will numbers for purposes of administering ADDRESSES: Send submissions to: the Federal Crop Insurance Act. CC:DOM:CORP:T:R (PS–34–92), room consider in selecting a tax matters 5228, Internal Revenue Service, POB partner for the partnership. FOR FURTHER INFORMATION CONTACT: Since the enactment of TEFRA, 7604, Ben Franklin Station, Washington, Beverly A. Baughman (202) 622–4940 virtually all states and several foreign DC 20044. In the alternative, (not a toll-free number). jurisdictions have enacted laws submissions may be hand delivered providing for the formation of limited SUPPLEMENTARY INFORMATION: between the hours of 8:00 a.m. and 5:00 liability companies (LLCs). Although Background p.m. to: CC:DOM:CORP:T:R (PS–34–92), local law varies as to the requirements Courier’s Desk, Internal Revenue On August 31, 1992, the IRS for establishing an LLC, the common Service, 1111 Constitution Avenue NW., published proposed regulations (IA–4– denominator is that none of the Washington, DC. 92) in the Federal Register (57 FR members are liable for the debts and 39379) under section 6109 of the FOR FURTHER INFORMATION CONTACT: D. obligations of the LLC beyond their Internal Revenue Code, relating to the Lindsay Russell, (202) 622–3050 (not a contributions (absent an express authority of the FCIC to collect toll-free number). assumption of liability by a member if employer identification numbers. SUPPLEMENTARY INFORMATION: authorized under the applicable LLC Although written comments and statute). In addition, under local law, requests for a public hearing were Background LLCs may be generally managed by solicited, no written or oral comments Prior to the enactment of the Tax elected or designated ‘‘managers,’’ who were received and no public hearing Equity and Fiscal Responsibility Act of may be members of the LLC. In most was requested or held. Because the 1982 (TEFRA), adjustments attributable jurisdictions, however, LLCs need not proposed regulations merely restate the to the tax items of a partnership were be managed by elected or designated rules in section 6109, the IRS has made at the partner level. Section 402 managers. In those cases, all members of decided, in the interest of of TEFRA added sections 6221 through the LLC have management authority. simplification, to withdraw those 6231 to the Internal Revenue Code of LLCs in most jurisdictions may be proposed regulations. 1986, as amended, to allow for classified for Federal tax purposes either Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55229 as partnerships or associations that are regulations to include the rules of Rev. consideration will be given to any taxable as corporations, depending on Proc. 88–16. As a result, the complete written comments (a signed original and the characteristics of the LLC. See, e.g., guidance necessary for determining the eight (8) copies) that are submitted Rev. Rul. 88–76, 1988–2 C.B. 360; Rev. tax matters partner for a partnership and timely to the IRS. All comments will be Rul. 93–38, 1993–1 C.B. 233. For LLCs an LLC will be contained in the available for public inspection and that are classified as partnerships for proposed regulations under section copying. A public hearing may be Federal tax purposes, it is necessary to 6231(a)(7). scheduled if requested in writing by a determine the tax matters partner for the As amended, the proposed regulations person that timely submits written LLC. incorporate the provisions of Rev. Proc. comments. If a public hearing is 88–16 with one substantive change. scheduled, notice of the date, time, and Explanation of Provisions Under sections 3.05 and 3.06 of Rev. place for the hearing will be published A. Tax Matters Partner for LLCs Proc. 88–16, if each general partner is in the Federal Register. deemed to have no profits interest under The proposed regulations provide that section 3.03(2) or 3.03(3), the IRS will Drafting Information a ‘‘member-manager’’ of an LLC will be select a limited partner as the tax The principal author of these treated as a general partner for purposes matters partner. Some partnerships, regulations is D. Lindsay Russell, Office of determining the tax matters partner of such as a general partnership or a of Assistant Chief Counsel the LLC. Any member of an LLC that is foreign LLC in which all members are (Passthroughs and Special Industries). not a member-manager is treated as a member-managers, do not have limited However, other personnel from the IRS partner other than a general partner. The partners. To permit the Commissioner to and Treasury Department participated proposed regulations define a member- select a tax matters partner in these in their development. manager as a member of the LLC who, situations, the proposed regulations alone or together with others, is vested List of Subjects in 26 CFR Part 301 allow the Commissioner to select any with the continuing exclusive authority partner (including either a general or Employment taxes, Estate taxes, to make the management decisions limited partner) as the tax matters Excise taxes, Gift taxes, Income taxes, necessary to conduct the business for partner. Penalties, Reporting and recordkeeping which the organization was formed. requirements. This approach is adopted because, if a Proposed Effective Date member of the LLC has such continuing Sections 301.6231(a)(7)–1 and Proposed Amendments to the exclusive management authority, the 301.6231(a)(7)–2 are proposed to be Regulations member should have the necessary effective for all designations, selections, authority and access to partnership Accordingly, 26 CFR part 301 is and terminations of a tax matters proposed to be amended as follows: records needed to function as a tax partner occurring on or after the date matters partner. The proposed final regulations are published in the regulations also provide that if there are PART 301ÐPROCEDURE AND Federal Register. Any other reasonable ADMINISTRATION no elected or designated member- designation or selection of a tax matters managers (as described above), each partner of an LLC is binding for periods Paragraph 1. The authority citation member will be treated as a member- prior to the effective date of this for part 301 is amended by adding manager. regulation. entries in numerical order to read as The proposed regulations define an follows: LLC as an organization formed under a Effect on Other Documents law that allows the limitation of the Authority: 26 U.S.C. 7805 * * * Rev. Proc. 88–16 is obsolete as of the Section 301.6231(a)(7)–1 also issued under liability of all members for the date final regulations are published in organization’s debts and other 26 U.S.C. 6230 (i) and (k). * ** the Federal Register. Section 301.6231(a)(7)–2 also issued under obligations and classified as a Special Analyses 26 U.S.C. 6230 (i) and (k). * ** partnership for Federal tax purposes. Par. 2. Section 301.6231(a)(7)-1 (as It has been determined that this notice B. Amending Proposed Regulations to proposed to be added in the Federal of proposed rulemaking is not a Incorporate the Provisions of Rev. Proc. Register for April 18, 1986 (51 FR significant regulatory action as defined 88–16 13245)) is amended by: in EO 12866. Therefore, a regulatory 1. Revising the section heading. The current proposed regulations assessment is not required. It also has 2. Adding a new sentence at the end under § 301.6231(a)(7)–1 provIde certain been determined that section 553(b) of of paragraph (a). guidance concerning the designation of the Administrative Procedure Act (5 3. Removing the heading for a tax matters partner under the largest- U.S.C. chapter 5) and the Regulatory paragraph (c)(1) and redesignating profits-interest rule of section Flexibility Act (5 U.S.C. chapter 6) do paragraph (c)(1) as paragraph (c). 6231(a)(7)(B). However, the current not apply to these regulations, and, 4. Removing paragraph (c)(2). proposed regulations do not describe therefore, a Regulatory Flexibility 5. Adding a sentence at the end of circumstances under which the Analysis is not required. Pursuant to paragraph (m)(2). Commissioner will determine that it is section 7805(f) of the Internal Revenue 6. Adding paragraphs (n), (o), (p), (q), impracticable to apply the largest- Code, this notice of proposed (r), and (s). The additions and revisions profits-interest rule and do not describe rulemaking will be submitted to the read as follows: how the Commissioner will select a tax Chief Counsel for Advocacy of the Small matters partner when it is impracticable Business Administration for comment § 301.6231(a)(7)±1 Designation or to apply the largest-profits-interest rule. on its impact on small business. selection of tax matters partner. This additional guidance is provided in (a) * * * If a partnership does not Rev. Proc. 88–16. Comments and Requests for a Public designate a general partner as the tax For administrative simplicity, the Hearing matters partner for a specific taxable provisions in this notice of proposed Before these proposed regulations are year, or if the designation is terminated rulemaking amend the current proposed adopted as final regulations, without the partnership designating 55230 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules another general partner as the tax of cooperation with the Internal (q) of this section. The Commissioner matters partner, the tax matters partner Revenue Service by the general partner will notify both the partner selected and is the partner determined under this with the largest profits interest is not a the partnership of the selection, section. basis for finding that the partner cannot effective as of the date specified in the * * * * * perform the functions of a tax matters notice. (m) * * * partner. (q) Criteria for selecting a partner as (2) * * * For purposes of this (p) Commissioner’s selection of the tax matters partner—(1) In general. The paragraph (m)(2), the general partner tax matters partner—(1) When the Commissioner will select a partner as with the largest profits interest is general partner with the largest profits the tax matters partner under paragraph determined based on the year-end interest is not apparent. If it is (p)(2) or (3)(ii) of this section only if the profits interests reported on the impracticable under paragraph (o)(1) of partner was a partner in the partnership Schedules K–1 filed with the this section to apply the largest-profits at the close of the taxable year under partnership income tax return for the interest rule of paragraph (m)(2) of this examination. taxable year for which the section, the Commissioner will select (2) Criteria to be considered. The determination is being made. (in accordance with the notification Commissioner may consider the procedures set forth in paragraph (r) of following criteria in selecting a partner * * * * * this section) as the tax matters partner as the tax matters partner: (n) Selection of tax matters partner by any person who was a general partner (i) The general knowledge of the Commissioner when impracticable to at any time during the taxable year partner in tax matters and the apply the largest-profits-interest rule. If under examination. administrative operation of the the partnership has not designated a tax (2) When each general partner is partnership. matters partner under this section for deemed to have no profits interest in the (ii) The partner’s access to the books the taxable year and it is impracticable partnership. If it is impracticable under and records of the partnership. (as determined under paragraph (o) of paragraph (o)(2) of this section to apply (iii) The profits interest held by the this section) to apply the largest-profits- the largest-profits- interest rule of partner. interest rule of paragraph (m)(2) of this paragraph (m)(2) of this section, the (iv) The views of the partners having section, the Commissioner will select a Commissioner will select a partner a majority interest in the partnership tax matters partner as described in (including a general or limited partner) regarding the selection. paragraph (p) of this section. as the tax matters partner in accordance (v) Whether the partner is a partner of (o) Impracticability of largest-profits- with the criteria set forth in paragraph the partnership at the time the tax- interest rule. It is impracticable to apply (q) of this section. The Commissioner matters-partner selection is made. the largest-profits-interest rule of will notify both the partner selected and (vi) Whether the partner is a United paragraph (m)(2) of this section if, on the partnership of the selection, States person (within the meaning of the date the rule is applied, any one of effective as of the date specified in the section 7701(a)(30)). the following three conditions is met: notice. (3) Limited restriction on subsequent (1) General partner with the largest (3) When the general partner with the designation of a tax matters partner by profits interest is not apparent. The largest profits interest is disqualified— the partnership. For purposes of general partner with the largest profits (i) In general. Except as otherwise paragraphs (p)(2) and (3)(ii) of this interest is not apparent from the provided in paragraph (p)(3)(ii) of this section, the partnership cannot Schedules K–1 and is not otherwise section, if it is impracticable under designate a partner who is not a general readily determinable. paragraph (o)(3) of this section to apply partner to serve as tax matters partner in (2) Each general partner is deemed to the largest-profits-interest rule of lieu of a partner selected by the have no profits interest in the paragraph (m)(2) of this section, the Commissioner. partnership. Each general partner is Commissioner will treat each general (r) Notification of partnership—(1) In deemed to have no profits interest in the partner who fits the criteria contained in general. If the Commissioner selects a partnership under paragraph (m)(3) of paragraph (o)(3) of this section as having tax matters partner under the provisions this section (concerning termination of no profits interest in the partnership for of paragraph (p)(1) or (3)(i) of this a designation under the largest-profits- the taxable year and will select (in section, the Commissioner will notify interest rule) because of the occurrence accordance with the notification both the partner selected and the of one or more of the events described procedures set forth in paragraph (r) of partnership of the selection, effective as in paragraphs (l)(1) through (4) of this this section) a tax matters partner from of the date specified in the notice. section (involving death, adjudication of the remaining persons who were general (2) Limited opportunity for incompetency, liquidation, and partners at any time during the taxable partnership to designate the tax matters conversion of partnership items to year. partner. (i) Before the Commissioner nonpartnership items). (ii) Partner selected if no general selects a tax matters partner under (3) General partner with the largest partner may be selected. If all general paragraphs (p)(1) and (3)(i) of this profits interest is disqualified. The partners during the taxable year either section, the Commissioner will notify general partner with the largest profits are treated as having no profits interest the partnership by mail that, after 30 interest determined under paragraph in the partnership for the taxable year days from the date of the notice, the (m)(2) of this section— under paragraph (m)(3) of this section Commissioner will make a (i) Has been notified of suspension (concerning termination of a designation determination that it is impracticable to from practice before the Internal under the largest-profits-interest rule) or apply the largest-profits-interest rule of Revenue Service; are described in paragraph (o)(3) of this paragraph (m)(2) of this section and will (ii) Is incarcerated; section (general partner with the largest select the tax matters partner unless a (iii) Is residing outside the United profits interest is disqualified), the prior designation is made by the States, its possessions, or territories; or Commissioner will select a partner partnership. This delay in making the (iv) Cannot be located or cannot (including a general or limited partner) determination will permit the perform the functions of a tax matters as the tax matters partner in accordance partnership to designate a tax matters partner for any reason, except that lack with the criteria set forth in paragraph partner under paragraph (e) (designation Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55231 by general partners with a majority paragraph (b)(3)) of the LLC, each 18J), United States Environmental interest) or (f) of this section member will be treated as a member- Protection Agency, Region 5, 77 West (designation by partners with a majority manager for purposes of this section. Jackson Boulevard, Chicago, Illinois interest under certain circumstances), (c) Effective date. This section applies 60604. thereby avoiding a selection made by to all designations, selections, and Copies of the State submittal and the Commissioner. terminations of a tax matters partner of USEPA’s analysis of its are available for (ii) During the 30-day period and an LLC occurring on or after the date inspection at: Regulation Development prior to a tax-matters-partner final regulations are published in the Section, Regulation Development designation by the partnership, the Federal Register. Any other reasonable Branch (AR–18J), United States Commissioner will communicate with designation or selection of a tax matters Environmental Protection Agency, the partnership by sending all partner of an LLC is binding for periods Region 5, 77 West Jackson Boulevard, correspondence or notices to ‘‘The Tax prior to the effective date of this section. Chicago, Illinois 60604. Matters Partner’’ in care of the Margaret Milner Richardson, FOR FURTHER INFORMATION CONTACT: John partnership at the partnership’s address. Commissioner of Internal Revenue. Summerhays, Regulation Development (iii) Any subsequent designation of a [FR Doc. 95–26738 Filed 10–27–95; 8:45 am] Section, Regulation Development tax matters partner by the partnership BILLING CODE 4830±01±U Branch (AR–18J), United States after the 30-day period will become Environmental Protection Agency, effective as provided under paragraph Region 5, Chicago, Illinois 60604, (312) (k)(2) of this section (concerning ENVIRONMENTAL PROTECTION 886–6067. designations made after a notice of AGENCY SUPPLEMENTARY INFORMATION: For beginning of administrative proceeding additional information see the direct is mailed). 40 CFR Part 52 final rule published in the rules section (s) Effective date. This section applies for this Federal Register. to all designations, selections, and [OH83±1±6991b; AD±FRL±5299±7] terminations of a tax matters partner Authority: 42 U.S.C. 7401–7671q. occurring on or after the date final Approval and Promulgation of Dated: September 5, 1995. Implementation Plans; Ohio regulations are published in the Federal Michelle D. Jordan, Register. AGENCY: Environmental Protection Acting Regional Administrator. Par. 3. Section 301.6231(a)(7)–2 is Agency (USEPA). [FR Doc. 95–26590 Filed 10–27–95; 8:45 am] added to read as follows: ACTION: Proposed rule. BILLING CODE 6560±50±M § 301.6231(a)(7)±2 Designation or SUMMARY: The USEPA proposes to selection of tax matters partner for a limited liability company (LLC). approve the State Implementation Plan 40 CFR Part 70 (SIP) revision submitted by the State of (a) In general. Solely for purposes of Ohio to correct its Rule 3745–35–07 that [AD±FRL±5321±9] applying section 6231(a)(7) and underlies its federally enforceable State § 301.6231(a)(7)–1 to an LLC, only a Clean Air Act Proposed Interim operating permits (FESOP) program. member-manager of an LLC is treated as Approval of Operating Permits The USEPA proposes further to a general partner, and a member of an Program; Maryland conclude that Ohio has satisfied the LLC who is not a member-manager is condition established in USEPA’s AGENCY: Environmental Protection treated as a partner other than a general conditional approval of Ohio’s FESOP Agency (EPA). partner. program, as published on October 25, (b) Definitions—(1) LLC. Solely for ACTION: Proposed interim approval. 1994, at 59 FR 53586. In the Final Rules purposes of this section, LLC means an section of this Federal Register, USEPA SUMMARY: The EPA proposes interim organization: approval of the operating permits (i) Formed under a law that allows the is fully approving the State’s SIP program submitted by Maryland. This limitation of the liability of all members revision as a direct final rule without program was submitted by Maryland for for the organization’s debts and other prior proposal, because the USEPA the purpose of complying with federal obligations within the meaning of views this as a noncontroversial requirements which mandated that § 301.7701–2(d); and revision and anticipates no adverse states develop, and submit to EPA, (ii) Classified as a partnership for comments. A detailed rationale for the programs for issuing operating permits Federal tax purposes. approval is set forth in the direct final (2) Member. Solely for purposes of rule. If no adverse comments are to all major stationary sources, and to this section, member means any person received in response to these actions, no certain other sources. who owns an interest in an LLC. further activity is contemplated in DATES: Comments on this proposed (3) Member-manager. Solely for relation to this proposed rule. If USEPA action must be received in writing by purposes of this section, member- receives adverse comments, the direct November 29, 1995. manager means a member of an LLC final rule will be withdrawn and all ADDRESSES: Comments should be who, alone or together with others, is public comments will be addressed in a addressed to Enid Gerena, (3AT23), Air, vested with the continuing exclusive subsequent final rule based on this Radiation and Toxics Division, U.S. authority to make the management proposed rule. Any parties interested in Environmental Protection Agency, decisions necessary to conduct the commenting on this action should do so Region III, 841 Chestnut Building, business for which the organization was at this time. Philadelphia, PA 19107. formed. Generally, an LLC statute may DATES: Comments must be received on Copies of Maryland’s submittal and permit the LLC to choose management or before November 29, 1995. other supporting information used in by one or more managers (whether or ADDRESSES: Written comments should developing the proposed interim not members) or by all of the members. be mailed to: J. Elmer Bortzer, Chief, approval are available for inspection If there are no elected or designated Regulation Development Section, during normal business hours at the member-managers (as so defined in this Regulation Development Branch (AR– following location: Air, Radiation, and 55232 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules
Toxics Division, U.S. Environmental must establish and implement a federal upon the date the interim approval Protection Agency, Region III, 841 operating permits program. period expires. Chestnut Building, Philadelphia, Following final interim approval, if C. State of Maryland’s Submittal Pennsylvania 19107. the State of Maryland fails to submit a FOR FURTHER INFORMATION CONTACT: Enid complete corrective program for full On May 9, 1995, Maryland submitted A. Gerena (3AT23), Air, Radiation, and approval by 6 months before the interim an operating permits program for review Toxics Division, U.S. Environmental approval expires, EPA would start an by EPA. The submittal was Protection Agency, Region III, 841 18-month clock for mandatory supplemented by additional materials Chestnut Building, Philadelphia, PA sanctions. If Maryland then failed to on June 9, 1995, and was found to be 19107, (215) 597–8239. submit a complete corrective program administratively complete pursuant to that EPA found complete before the 40 CFR 70.4(e)(1). The submittal SUPPLEMENTARY INFORMATION: expiration of that 18-month period, EPA includes the following components: I. Background would be required to apply one of the transmittal letter; description of A. Introduction sanctions in section 179(b) of the CAA. Maryland’s Title V operating permits Such sanction would remain in effect program; state regulations; Attorney As required under Title V of the Clean until EPA determined that Maryland General’s legal opinion; workload Air Act (CAA) as amended (1990), EPA had corrected the deficiency by analysis, permit fee demonstration; has promulgated rules which define the submitting a complete corrective permitting program documentation, and minimum elements of an approvable program. Moreover, if the Administrator additional information (i.e., transition state operating permits program and the found a lack of good faith on the part plan, data management, compliance corresponding standards and of Maryland, both sanctions under tracking and enforcement description). procedures by which EPA will approve, section 179(b) would apply after the II. Summary and Analysis of oversee, and withdraw approval of state expiration of the 18-month period until Maryland’s Submittal operating permits programs (see 57 FR the Administrator determined that 32250 (July 21, 1992)). These rules are Maryland had come into compliance. In The analysis contained in this notice codified at 40 Code of Federal any case, if, six months after application focuses on the major portions of Regulations (CFR) Part 70 and require of the first sanction, Maryland still had states to develop, and submit to EPA, Maryland’s operating permits program not submitted a corrective program that programs for issuing these operating submittal: regulations and program EPA found complete, a second sanction permits to all major stationary sources implementation, fees, support materials, would be required. and to certain other sources. Due to and provisions implementing the pending litigation over several aspects If, following final interim approval, requirements of Titles III and IV of the of the Part 70 rule which was EPA disapproved Maryland’s complete CAA. Specifically, this notice addresses promulgated on July 21, 1992, Part 70 is corrective program, EPA would be the deficiencies in Maryland’s submittal in the process of being revised. When required to apply one of the section which will need to be corrected to fully the final revisions to Part 70 are 179(b) sanctions on the date 18 months meet the requirements of the July 21, promulgated, the requirements of the after the effective date of the 1992 version of Part 70. These revised Part 70 will define EPA’s criteria disapproval, unless prior to that date deficiencies as well as other issues for the minimum elements of an Maryland had submitted a revised related to Maryland’s operating permits approvable state operating permits program and EPA had determined that program are discussed in detail in the program and the corresponding this program corrected the deficiencies Technical Support Document (TSD). standards and procedures by which EPA that prompted the disapproval. The full program submittal and the TSD will approve, oversee, and withdraw Moreover, if the Administrator found a are available for review as part of the approval of state operating permits lack of good faith on the part of public docket. The docket may be program submittals. Until the date Maryland, both sanctions under section viewed during regular business hours at which the revisions to Part 70 are 179(b) would apply after the expiration the EPA Region III office listed in the promulgated, the currently effective July of the 18-month period until the ADDRESSES section of this notice. Administrator determined that 21, 1992 version of Part 70 shall be used A. Regulations and Program Maryland had come into compliance. In as the basis for EPA review. Implementation all cases, if, six months after EPA B. Federal Oversight and Sanctions applied the first sanction, Maryland had Maryland’s operating permits program The CAA requires that states develop not submitted a revised program that is primarily defined by regulations and submit these programs to EPA by EPA had determined corrected the adopted as Code of Maryland November 15, 1993, and that EPA act to deficiencies that prompted the Regulations (COMAR), Title 26, Subtitle approve or disapprove each program disapproval, a second sanction would 11. The specific regulations being within 1 year after receiving the be required. adopted to implement the Part 70 submittal. EPA’s program review occurs In addition, discretionary sanctions requirements will appear at COMAR pursuant to section 502 of the CAA and may be applied where warranted any § 26.11.02 (Permits, Approvals, and the July 21, 1992 version of Part 70, time after the end of an interim approval Registration) and COMAR § 26.11.03 which together outline the currently period if Maryland has not timely (Permits, Approvals, and Registration— applicable criteria for approval or submitted a complete corrective Part 70 Permits). Provisions for disapproval. Where a program program or EPA has disapproved a enforcement authority are located in substantially, but not fully, meets the submitted corrective program. COMAR § 26.11.02.05. Maryland requirements of Part 70, EPA may grant Moreover, if EPA has not granted full submitted a list identifying ‘‘Title V’’ the program interim approval for a approval to a Maryland program by the and ‘‘Non-Title V’’ provisions of its period of up to 2 years. If EPA has not expiration of an interim approval regulations. This list is provided in the fully approved a program by 2 years period, EPA must promulgate, TSD. In today’s proposal, EPA is taking after the November 15, 1993 date, or by administer and enforce a federal action only on the Title V portions of the end of an interim program, EPA operating permits program for Maryland Maryland’s submittal. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55233
During the review of Maryland’s and (3) any other person, regardless of interpret Article III to provide standing regulations, EPA identified several whether that person possesses a special for organizations in actions brought to instances of vague language, interest different from that possessed protect the interests of its members, misreferences, typographical errors, and generally by the residents of Maryland provided certain conditions are met. See errors of omission in the regulatory or whether substantial personal or Chesapeake Bay Foundation v. language. The provisions in which these property damage to that person is Bethlehem Steel Corp., 608 F.Supp. 440 errors occur are identified in the TSD threatened. The Attorney General (D. Md. 1985). Under Maryland and must be interpreted as if written recognizes that MESA does not provide common law of standing, an correctly to fully meet the requirements standing for a direct judicial review of organization must have an interest of its of Part 70. The following analysis of permit actions under Maryland’s own, separate and distinct from that of Maryland’s operating permit regulations Administrative Procedure Act (APA), its individual members, in order to corresponds directly with the format Md. State Gov’t Code Ann. § 10–201 establish standing. Medical Waste and structure of Part 70. (1990). Nonetheless, it appears that Associates, Inc. v. Maryland Waste review of essentially equivalent scope as Coalition, 327 Md. 596 (1992). However, Section 70.4 State Program Submittals direct judicial review is available under the Maryland Attorney General notes and Transition MESA. The Attorney General notes that that if at least one plaintiff in an action Maryland’s regulations substantially the Maryland Supreme Court has stated for review of a permit establishes meet the requirements of 40 CFR 70.4 that an administrative proceeding such standing, the Maryland courts will not for the State program submittal. For as permit issuance or denial, even if not ordinarily inquire as to whether other consistency with section 502(b)(6) of the subject to direct review under the APA, plaintiffs have standing. Therefore, an Clean Air Act and 40 CFR 70.4(b)(3)(x), would be subject to judicial review of organization doing business outside of Maryland must address the following essentially the same scope in an action Maryland may be able to participate in issue on standing for judicial review for mandamus or equitable relief a permit challenge on behalf of its and the following changes must be (including certiorari, injunction, or individual members if other parties made in order to fully meet the declaratory judgment). having the requisite standing also join requirements of 40 CFR 70.4: For purposes of MESA, the term as plaintiffs in the action. (Of course, 1. The Attorney General of Maryland, ‘‘person’’ includes any resident of organizations doing business in in his opinion dated June 9, 1995, states Maryland, any Maryland corporation, Maryland can establish standing under that ‘‘the laws of Maryland provide and any partnership, organization, MESA, as discussed above.) adequate authority to carry out the association or legal entity doing MESA must be amended to accord program submitted on May 9, 1995 by business in the state. Parties not falling non-state residents and organizations the Maryland Department of the within this definition of ‘‘person’’ (for not doing business in Maryland the Environment (the Department) to the example, individuals living in an same standing to challenge Part 70 U.S Environmental Protection Agency adjacent state but near a Maryland permit decisions as other ‘‘persons’’ as for approval to administer and enforce source, or an organization not doing defined in MESA, or, in the alternative, the operating permit program under business in Maryland) can not take other appropriate legislative action must Title V of the CAA and 40 CFR Part 70 advantage of the standing provisions of be taken to ensure that standing (the Part 70 program).’’ Section 502(b)(6) MESA. Instead, those parties are requirements for such organizations are of the CAA and 40 CFR 70.4(b)(3)(x) required to establish standing for not more restrictive than the minimum require that the program provide judicial review under the Maryland requirements of Article III of the U.S. standing for judicial review of a permit common law of standing. Under Constitution as they apply to federal action to THE PERMIT APPLICANT, Maryland common law, in order to courts. A straightforward approach any person who participated in the establish standing, a party must Maryland could take to resolving this public comment process and any other demonstrate it has a ‘‘specific interest or issue would be to amend its state APA person who could obtain judicial review property right’’ such that the party will to directly provide for the opportunity of that action under applicable law. EPA suffer harm that is different in kind from for judicial review of permit actions in interprets section 502(b)(6) of the CAA that suffered by the general public. state court, consistent with CAA section and part 70 as requiring that approvable There are no reported cases in Maryland 502(b)(6) and 40 CFR 70.4(b)(3)(x); this state title V permits programs must that would preclude a non-economic would avoid the risk of any future provide judicial review to any party interest (such as a recreational, Maryland judicial decision interpreting who participated in the public comment conservational or aesthetic interest) MESA or Maryland’s common law of process and who meets the threshold from constituting the type of specific standing potentially compromising requirements of Article III of the U.S. interest needed for standing. If a Maryland’s Part 70 approval status. Constitution for standing in federal Maryland judicial decision having courts. precedential effect is issued in the Section 70.5 Permit Applications The Attorney General cites the future limiting the special interest Maryland’s regulations substantially Maryland Environmental Standing Act required for standing to economic meet the requirements of 40 CFR 70.5 (MESA), Md. Nat. Res. Code Ann. §§ 1– interests, then the Maryland standing for permit applications. The following 501 to 1–508 (1990), as the primary requirements would become more changes must be made in order to fully avenue for third parties to obtain stringent than Article III standing meet the requirements of 40 CFR 70.5: judicial review of the Department’s requirements. In that event, EPA will 1. COMAR § 26.11.03.04 lists 17 types issuance of a Part 70 permit. The take appropriate action under 40 CFR of emission units and activities that are Attorney General interprets MESA to 70.11(c). exempt from being included in the Part provide standing to challenge permit With respect to organizations not 70 permit application. 40 CFR 70.5(c) issuance in actions for mandamus or doing business in Maryland, the allows EPA to approve a list of equitable relief (including declaratory Maryland standing requirements are insignificant activities or emissions relief) to several categories of persons. somewhat less favorable than the levels which need not be included in Those categories are: (1) The state, (2) standing requirements of Article III of permit applications; however, the State any political subdivision of the state, the U.S. Constitution. The federal courts must identify such emissions levels or 55234 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules insignificant activities based on size, 70.7(h). COMAR § 26.11.03.21 A also revisions to the general permit that meet emission rate or production rate. states that any general permit shall the criteria for administrative permit Maryland must make three changes to comply with all requirements applicable amendments or minor permit COMAR § 26.11.03.04 in order to meet to other Part 70 permits. modifications could be processed using the requirements of 40 CFR 70.5(c): It is not clear, however, whether this procedures consistent with 40 CFR a. As part of the list of emission units provision applies to the issuance of 70.7(d) and § 70.7(e)(2), respectively. It and activities exempt from the Part 70 general permits. Maryland’s provisions should be made clear that the general permit application, COMAR for issuance of Part 70 permits (COMAR permit cannot be modified for § 26.11.03.04 A(18) lists ‘‘any other §§ 26.11.03.07–.09) are adequate, but the individual sources; rather, each source emission unit that is not subject to an regulations do not specifically state that applies for and is granted approval applicable requirement of the Clean Air whether they apply to general permits. to operate under the general permit Act.’’ Part 70 does not allow such a Specifically, Maryland must require that must adhere to the same permit terms broad exemption of emission units from the procedures for issuing general and conditions. If the Department the permit application requirements. 40 permits include notice and opportunity determines that a revision to the general CFR 70.5(c)(3)(i) requires that a permit for participation by affected states permit is necessary, it must revise the application describe all emissions of consistent with 40 CFR 70.7(h)(3) and permit using procedures consistent with regulated air pollutants from any 70.8 (COMAR § 26.11.03.08) and a 45- 40 CFR 70.7, as described above. emissions unit, except where such units day EPA review period, consistent with 3. Maryland’s requirements for permit are exempted as part of a list of 70.8(a) and (c) (COMAR § 26.11.03.09). reopenings, including COMAR insignificant activities or emission Further, Maryland must keep a record of §§ 26.11.03.07 A(2), 26.11.03.08 A and levels. Insignificant activities or public commenters and issues raised 26.11.03.20 C (4), (5) and (6), provide emissions levels must be clearly during the public participation process the State discretion to follow procedures identified and established based on a so that EPA may fulfill its obligation other than the procedures for permit justifiable limitation, such as a size or under section 505(b)(2) of the Act to issuance. Maryland’s COMAR emissions threshold. determine whether a citizen petition § 26.11.03.20 C(4) states that ‘‘the b. Maryland must revise COMAR may be granted (COMAR procedures that the Department § 26.11.03.04 B to provide that a permit § 26.11.03.07(G)). EPA recommends that specifies to be followed if a permit is applicant shall not omit information Maryland clarify that these provisions reopened shall be based on the needed to determine the applicability apply to the issuance of general permits Department’s determination as to what of, or to impose, any applicable by citing in COMAR § 26.11.03.21 A the type of change to the permitted source requirement, consistent with 40 CFR appropriate sections of Maryland’s is likely to result from reopening the 70.5(c). regulations. permit, using Regulations [26.11.03] c. Maryland must revise COMAR 2. The procedures for revising a .14–.17 [pertaining to permit revisions] § 26.11.03.04 A(2) to clarify the general permit under COMAR of this chapter as guidance.’’ By exemption for boilers used exclusively §§ 26.11.03.21 J and L must be changed contrast, 40 CFR 70.7(f)(2) requires that to operate steam engines for farm and to meet the requirements of 40 CFR procedures to reopen and issue a permit domestic use. This exemption must be 70.7(e) regarding permit revision shall follow the same procedures as modified to impose a justifiable and procedures. COMAR § 26.11.03.21 J apply to initial permit issuance. objective emission limit, heat content allows the Department to revise or Maryland’s provisions for permit limit, or size limitation to restrict this repeal a general permit using the reopening procedures are inconsistent exemption to insignificant activities. procedures that are appropriate to the with Part 70. However, future revisions Maryland must also provide enough particular permit. COMAR § 26.11.03.21 to Part 70 may provide flexibility in the information to identify the activity and/ L states that the revision procedures set procedures that States must use to or unit qualifying for an exemption. forth in Maryland’s regulations do not reopen permits. On August 31, 1995, apply to a general permit, except as EPA proposed revisions to Part 70 that Section 70.7 Permit Issuance, provided in the general permit. These would streamline the procedures for Renewal, Reopenings, and Revisions sections are inconsistent with Part 70 revising Title V operating permits. (See Maryland’s regulations substantially because they give the Department 60 FR 45530.) meet the requirements of 40 CFR 70.7 discretion to determine the appropriate 4. COMAR § 26.11.03.17 F provides for permit issuance, renewal, procedures that should be followed to that a permittee shall submit an reopenings, and revisions. The revise a general permit. Under 40 CFR application for a significant permit following changes must be made in 70.7(e)(1), the permitting authority is modification not later than 12 months order to fully meet the requirements of required to provide procedures for after commencing operation of the 40 CFR 70.7: permit modifications that provide a changed source unless the change is 1. COMAR § 26.11.03.21 A provides level of public participation and review prohibited by the Part 70 permit. This that general permits will be issued after by the permitting authority, EPA and provision is inconsistent with 40 CFR notice and opportunity for public affected states that is at least equal to 70.7(e)(4), which does not allow a comment and hearing as required by the that provided in Part 70. Therefore, if source to make a significant permit rule making provisions of the the Department proposes a significant modification prior to receiving a revised Administrative Procedure Act (APA), change in the general permit’s terms and permit from the permitting authority. A State Government Article § 10–101 et conditions, such as a relaxation of significant permit modification is a seq., Annotated Code of Maryland, and reporting requirements or an increase in change that does not qualify as an Environmental Article § 2–301, the applicable emissions limit, the administrative permit amendment or a Annotated Code of Maryland. While the general permit would need to be revised minor permit modification. Significant APA and § 2–301 and § 2–303 of the according to procedures for a significant modifications include relaxations in Environmental Article provide adequate permit modification, including a 30 day monitoring, reporting, or recordkeeping. public notice and comment provisions, public comment period, an opportunity By allowing a source to submit its they do not provide all necessary permit for a public hearing, and review by EPA permit application 12 months after issuance procedures required by 40 CFR and affected states. Those proposed making a change, COMAR § 26.11.03.17 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55235
F is less stringent than 40 CFR 70.7(e)(4) event that such proceeding does occur, Surplus funds from any prior year of the and allows a source even more leniency COMAR § 26.11.03.11 affords EPA the program will be carried over to the in making a significant change than for opportunity to participate in the following year to be used solely for Part making minor permit modifications or hearing. In the event that EPA does not 70 permitting activity. administrative permit amendments. participate, COMAR § 26.11.03.11 Only program-related fees from This is clearly not the intent of the affords EPA a thirty (30) day facilities subject to Part 70 applicability significant permit modification opportunity to comment on the will be used to fund the program. provisions of 40 CFR 70.7(e)(4). Future proposed decision of the ALJ prior to Maryland’s fee calculation, based upon revisions to Part 70, as described above, the Department’s issuance of a final recent (September 1994) emissions may provide flexibility in the decision in the matter. However, in the inventory data, shows that revenues will procedures that States must use to event that the Department thereafter be able to cover the estimated costs of process permit revisions. issues a final decision which modifies the program. In chapter IV of the 5. COMAR § 26.11.03.14 C allows the or changes conditions in the final submittal entitled, ‘‘Workload Analysis Department to approve changes to permit, federal and state requirements and Fee Demonstration’’, Maryland compliance plans or schedules as part of (the Clean Air Act, 40 CFR 70.8 and estimates revenues and costs associated an administrative permit amendment or COMAR § 26.11.03.09) should be read with the implementation of its operating minor permit modification. This as requiring the Department to provide permits program. The Air and Radiation provision is less stringent than 40 CFR EPA with an additional (45 day) period Management Administration proposes 70.7 because the relaxation of a in which to review and comment on the an accounting method whereby Part 70 compliance plan or schedule is a final permit. Maryland must revise its program activities performed by significant change that should be Attorney General’s Opinion to technical personnel in the Air Quality processed as a significant permit acknowledge that in the event the Permits and Compliance Program will modification. Future revisions to Part Department implements changes to any be coded directly to specified Part 70 70, as described above, may provide final permit, EPA will have an program cost accounts. In the submittal, flexibility in the procedures that States additional (45 day) period to review and Maryland stated that in the event of a must use to revise permits. comment on the final permit, as revised temporary shortfall of revenues, the 6. COMAR § 26.11.03.15 B(7) contains by the Department. Department will have the option to the following sentence: prorate fees collected from facilities ‘‘Notwithstanding § [26.11.03.15] B(1)– B. Variances with Phase I units (acid rain) so as to (6) [pertaining to administrative permit Maryland Environmental Article allow fees from non-Phase I units at amendments] of this regulation, for sections 2–501, 606, 610(c), 611, and these sites to be used for Part 70 purposes of the acid rain portion of a 613 are cited by the Department as activities. According to 40 CFR Part 70 permit is governed by variance provisions which authorize the 70.9(b)(3), the permitting authority is regulations promulgated under Title IV Department to deviate from certain allowed to calculate fees on any of the Clean Air Act.’’ This sentence applicable requirements within and particular basis or in the same manner apparently was written in error. EPA outside the permitting process. EPA has for all Part 70 sources, or all regulated assumes that this sentence is meant to no authority to approve provisions of air pollutants, provided that the state reflect the provisions of 40 CFR 70.7(e), State law, such as the variance collects a total amount of fees sufficient which states that a permit modification provisions referred to in these sections, to meet the program. Maryland meets (other than an administrative permit which are inconsistent with the CAA. the requirements of 40 CFR 70.9(b)(3). amendment) for purposes of the acid EPA does not recognize the ability of a However, it will be necessary for the rain portion of the permit shall be permitting authority to grant relief from State to demonstrate how these governed by regulations promulgated the duty to comply with a federally revenues will be prorated. EPA under Title IV of the Clean Air Act. enforceable Part 70 permit, except recommends that Maryland establish an Maryland must correct the wording of where such relief is granted through account tracking system that will COMAR § 26.11.03.15 B(7). procedures allowed by Part 70. EPA distinguish between revenues and reserves the right to enforce the terms of expenditures attributable to Phase I Section 70.8 Permit Review By EPA the Part 70 permit where the permitting from non-Phase I units. The estimates of and Affected States authority purports to grant relief from revenues from the authorized collection Maryland’s regulations substantially the duty to comply with a Part 70 of emission-based fees reveal that meet the requirements of 40 CFR 70.8 permit in a manner inconsistent with Maryland’s program will have adequate for permit review by EPA and affected Part 70 procedures. funding to cover the direct and indirect states. The following changes must be costs of implementing the permit C. Permit Fee Demonstration made in order to fully meet the program during each of the first four requirements of 40 CFR 70.8: COMAR § 26.11.02.19(A) states that years. 1. COMAR § 26.11.03 appears to allow owners or operators of Part 70 sources the Department to make changes in a will be required to pay an annual fee D. Provisions Implementing the final permit after EPA has completed its consisting of a base fee of two hundred Requirements of Title III Implementing review of the permit. For example, dollars ($200) plus an emissions-based Title III Standards Through Title V COMAR § 26.11.03.11 includes fee for each ton of regulated emissions. Permits provisions for implementing changes to Beginning in January 1, 1996, the fee Maryland’s regulations provide a final permit subsequent to a contested rate will be twenty-five dollars per ton general authority to administer and case hearing and the issuance of a ($25) of regulated emissions. On January enforce the requirements of the Clean proposed decision by an Administrative 1, 1997, this annual fee will be adjusted Air Act regarding hazardous air Law Judge (ALJ). On the basis of past by the Consumer Price Index (CPI). Fee pollutants, and thus generally meet the experience with other air quality control revenues received from Part 70 facilities requirements of 40 CFR 70.3 (a)–(b). The programs, Maryland believes that it will will be placed in a segregated portion of following issue must be addressed in be an extremely rare occasion when an the Department’s Air and Radiation order to fully meet the requirements of applicant seeks such a hearing. In the Management Administration budget. 40 CFR 70.3 (a)–(b). 55236 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules
1. In its May 9, 1995 submittal, in a February 14, 1995 Federal Register linkage between implementation of Maryland advised EPA that it was not notice (see 60 FR 83333). The revised section 112(g) and Title V. seeking full Part 70 program approval interpretation postpones the effective If Maryland does not wish to regarding hazardous air pollutants, but date of section 112(g) until after EPA implement section 112(g) through the was considering whether to request EPA has promulgated a rule addressing that proposed mechanisms discussed above approval of its existing air toxics provision. The rationale for the revised and can demonstrate that an alternative program (COMAR § 26.11.15) under interpretation is set forth in detail in the means of implementing section 112(g) Subpart E of 40 CFR Part 63. As a result, February 14, 1995 interpretive notice. exists during the transition period, EPA the Attorney General did not review the The section 112(g) interpretive notice may, in the final action approving State’s Part 70 program regarding explains that EPA is still considering Maryland’s Part 70 program, approve current federal requirements for whether the effective date of section such alternative. hazardous air pollutants. Maryland 112(g) should be delayed beyond the must resolve the issue of how it will date of promulgation of the federal rule Program for Straight Delegation of address the CAA’s section 112 to allow states time to adopt rules Section 112 Standards applicable requirements and revise its implementing the federal rule, and that As previously noted, Maryland has Attorney General’s opinion to include a EPA will provide for any such advised EPA that it currently is not detailed review of the State’s Part 70 additional delay in the final section seeking full Part 70 program approval program regarding current federal 112(g) rulemaking. Unless and until regarding hazardous air pollutants, but requirements for hazardous air EPA provides for such an additional is considering a request for approval of pollutants. postponement of section 112(g), its existing air toxics program (COMAR Under Environment Article, Title 2, of Maryland must be able to implement § 26.11.15) under Subpart E of 40 CFR the Annotated Code of Maryland and section 112(g) during the transition Part 63. However, prior to receiving EPA COMAR § 26.11.03.06 A(1), Maryland, period between promulgation of the approval of its existing air toxics in its Title V program submittal, has federal section 112(g) rule and adoption program, Maryland must agree that the demonstrated broad legal authority to of implementing Maryland regulations. requirements specified in 40 CFR incorporate all applicable requirements EPA believes that, although Maryland 70.4(b), encompass section 112(l)(5) into permits and to enforce its permit currently lacks a program designed requirements for a program for requirements. In its May 9, 1995 specifically to implement section 112(g), delegation of unchanged section 112 submittal, Maryland indicated that the Maryland’s Title V operating permits standards. Section 112(l)(5) requires Part 70 permits will be the mechanism program will serve as an adequate state programs to contain adequate to implement mandatory Section 112 implementation vehicle during the authorities and resources for requirements and that other federally- transition period because the program implementation, and an expeditious enforceable mechanisms may be used to will allow Maryland to select control carry out specific CAA section 112 measures that would meet Maximum compliance schedule, which are also activities but only if approved by EPA. Achievable Control Technology (MACT) requirements under Part 70. Prior to a EPA regards this commitment as an on a case-by-case basis, as defined in decision by EPA regarding approval of obligation to obtain further legal section 112, and incorporate these its existing air toxics program, EPA authority as needed to issue permits that measures into federally enforceable proposes to grant approval under assure compliance with the CAA’s source-specific permits. section 112(l)(5) and 40 CFR 63.91 of section 112 applicable requirements. This proposed approval clarifies that Maryland’s program for receiving For a further discussion in support of Maryland’s operating permits program delegation of section 112 standards that this interpretation, please refer to the is available as a mechanism to are unchanged from the federal TSD accompanying this rulemaking, implement section 112(g) during the standards as promulgated. For EPA- which is located in the public docket, transition period between promulgation promulgated rules which are applicable and the April 13, 1993 guidance of the section 112(g) rule and adoption to sources in the State, the State intends memorandum entitled ‘‘Title V Program by Maryland of rules established to to request delegation after adopting the Approval Criteria for Section 112 implement section 112(g). EPA is rules. The details of this delegation Activities,’’ signed by John Seitz, proposing to limit the duration of this mechanism will be established prior to Director, Office of Air Quality Planning approval to an outer limit of 18 months delegating any section 112 standards. and Standards, Office of Air and following EPA’s promulgation of the This program applies to both existing Radiation, USEPA. section 112(g) rule. Comment is and future standards but is limited to solicited on whether 18 months is an sources covered by the Part 70 program. Implementation of 112(g) Upon Program appropriate period taking into E. Title IV Provisions/Commitments Approval consideration the State’s procedures for EPA is proposing to approve adoption of regulations. However, since As part of the May 9, 1995 program Maryland’s operating permits program this proposed approval is for the single submittal, Maryland committed to for the purpose of implementing CAA purpose of providing a mechanism to submit all missing portions of the Title section 112(g) during the transition implement section 112(g) during the IV acid rain program by November 15, period between federal promulgation of transition period, the approval itself 1995, including its State acid rain a section 112(g) rule and Maryland’s will be without effect if EPA decides in regulations. adoption of section 112(g) implementing the final section 112(g) rule that sources III. Request for Public Comments regulations. Until recently, EPA had are not subject to the requirements of interpreted the CAA to require sources the rule until State regulations are EPA is soliciting public comments on to comply with section 112(g) beginning adopted. the issues discussed in this notice or on on the date of approval of the Title V Although section 112(l) generally other relevant matters. These comments program regardless of whether EPA had provides the authority for approval of will be considered before taking final completed its section 112(g) rulemaking. state air toxics programs, Title V and action. Interested parties may EPA has since revised this section 112(g) provide authority for this participate in this federal rulemaking interpretation of the CAA as described limited approval because of the direct action by submitting written comments Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules 55237 to the EPA Regional office listed in the the public participation process, program contain adequate authorities, ADDRESSES section of this notice. consistent with 40 CFR 70.7(h) and 70.8. adequate resources for implementation, 4. Revise COMAR §§ 26.11.03.21 J and and an expeditious compliance Proposed Action L to require that general permits are schedule, which are also requirements EPA is proposing to grant interim revised according to procedures under Part 70. Therefore, EPA is also approval of the operating permits consistent with 40 CFR 70.7(e). proposing under section 112(l)(5) and program submitted by Maryland on May 5. Revise COMAR §§ 26.11.03.07 A(2), 40 CFR 63.91 to grant approval of 9, 1995, and the Attorney General’s 26.11.03.08 A, and 26.11.03.20 C (4), (5) Maryland’s program for receiving Legal Opinion submitted on June 9, and (6) to provide that the procedures delegation of section 112 standards that 1995. The scope of Maryland’s Part 70 for initial permit issuance also must be are unchanged from federal standards as program applies to all Part 70 sources followed for permit reopenings, to promulgated. This program for (as defined in the program) within achieve consistency with the delegations only applies to sources Maryland, except for sources of air requirements of 40 CFR 70.7(f)(2). covered by the Part 70 program. pollution over which an Indian Tribe 6. Remove subsection F of COMAR The Office of Management and Budget has jurisdiction. See, e.g., 59 FR 55813, § 26.11.03.17, which impermissibly has exempted this action from Executive 55815–18 (Nov. 9, 1994). The term allows sources to submit a permit Order 12866 review. ‘‘Indian Tribe’’ is defined under the application within 12 months after EPA’s actions under section 502 of the CAA as ‘‘any community, including any making a significant permit Act do not create any new requirements, Alaska Native village, which is federally modification. but simply address operating permits recognized as eligible for the special 7. Revise COMAR § 26.11.03.14 C to programs submitted to satisfy the programs and services provided by the require that any relaxation of a requirements of 40 CFR Part 70. Because United States to Indians.’’ See section compliance plan or schedule will be this action to propose interim approval 302(r) of the CAA; see also 59 FR 43956, processed as a significant permit of Maryland’s operating permits 43962 (Aug. 25. 1994); 58 FR 54364 modification, consistent with 40 CFR program pursuant to Title V of the CAA (Oct. 21, 1993). Prior to full approval by 70.7(e)(4). and 40 CFR Part 70 does not impose any EPA, Maryland must make the following 8. Revise the wording of COMAR new requirements, it does not have a changes: § 26.11.03.15 B(7), pertaining to permit significant impact on a substantial modifications for acid rain permits, 1. The Maryland Environmental number of small entities. consistent with 40 CFR 70.7(e). Standing Act (MESA) must be amended 9. Amend the Attorney General’s List of Subjects in 40 CFR Part 70 to accord non-state residents and Opinion to clarify that if the Department Environmental protection, organizations not doing business in proposes to change a final permit as a Maryland the same standing to Administrative practice and procedure, result of a contested case decision by an Air pollution control, Intergovernmental challenge Part 70 permit decisions as Administrative Law Judge and pursuant other ‘‘persons’’ as defined in MESA, or, relations, Operating permits, Reporting to COMAR § 26.11.03.11, the and recordkeeping requirements. in the alternative, other appropriate Department will revoke the final permit legislative action must be taken to and reissue it with the proposed Authority: 42 U.S.C. 7401–7671q. ensure that standing requirements for changes so as to provide EPA with the Dated: October 20, 1995. such organizations are not more (45 day) review and comment period W. Michael McCabe, restrictive than the minimum required pursuant to the CAA, 40 CFR Regional Administrator. requirements of Article III of the U.S. 70.8 and COMAR § 26.11.03.09. [FR Doc. 95–26856 Filed 10–27–95; 8:45 am] Constitution as they apply to federal 10. Revise the Attorney General’s BILLING CODE 6560±50±P courts. Opinion to include a detailed review of 2. Revise the provisions for the State’s Part 70 program regarding insignificant activities under COMAR current federal requirements for § 26.11.03.04 as follows, to achieve FEDERAL COMMUNICATIONS hazardous air pollutants. COMMISSION consistency with the requirements of 40 This interim approval, which may not CFR 70.5(c): be renewed, extends for a period of up 47 CFR Parts 36 and 69 a. Remove the exemption for ‘‘any to 2 years. During the interim approval other emission unit that is not subject to period, Maryland is protected from [CC Docket No. 95±115; DA 95±2197] an applicable requirement of the Clean sanctions for failure to have a fully Air Act’’ under COMAR § 26.11.03.04 Subscribership and Usage of the approved Title V, Part 70 program, and Public Switched Network A(18). EPA is not obligated to promulgate a b. Revise COMAR § 26.11.03.04 B to federal permits program in Maryland. AGENCY: Federal Communications provide that a permit applicant shall not Permits issued under a program with Commission. omit information needed to determine interim approval have full standing with ACTION: Proposed Rule; Extension of the applicability of, or to impose, any respect to Part 70, and the 1-year time Time. applicable requirement. period for submittal of permit c. Revise COMAR § 26.11.03.04 A(2) applications by subject sources begins SUMMARY: On July 20, 1995, the to add a justifiable limitation on the upon interim approval, as does the 3- Commission released a Notice of exemption for boilers used exclusively year time period for processing the Proposed Rulemaking (‘‘Notice’’) to operate steam engines for farm and initial permit applications. concerning rules and policies to domestic use. Requirements for approval, specified increase subscribership and usage of the 3. Revise COMAR § 26.11.03.21 to in 40 CFR 70.4(b), encompass the CAA’s public switched network. The clarify that the procedures for issuing section 112(l)(5) requirements for Commission invited comment on the general permits must include affected approval of a program for delegation of proposals and tentative conclusions set state and EPA review, and that the state section 112 standards applicable to Part forth in that Notice, and set deadlines of must keep a record of the public 70 sources as promulgated by EPA. September 27, 1995, for initial commenters and issues raised during Section 112(l)(5) requires that the State’s comments and October 27, 1995, for 55238 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Proposed Rules reply comments. The Commission has SUPPLEMENTARY INFORMATION: October 27th deadline may not provide received comments from more than 60 Order Extending Reply Comment sufficient time to produce a full and respondents. Because many of these Period complete record in this proceeding. comments are lengthy and present Although we do not routinely extend alternative proposals to those appearing Adopted: October 19, 1995. comment deadlines, we believe that an Released: October 20, 1995. in the Notice, we find the October 27th extension to November 14, 1995, in this deadline may not provide sufficient By the Chief, Common Carrier Bureau: proceeding will serve the public interest time to produce a full and complete 1. On July 20, 1995, the Commission by giving interested parties adequate record in this proceeding. Although we released a Notice of Proposed time to review and reply to the initial do not routinely extend comment Rulemaking (‘‘Notice’’), 60 FR 44296, comments. deadlines, we believe that an extension August 25, 1995, in the captioned 3. Accordingly, it is ordered, pursuant to November 14, 1995, in this proceeding concerning rules and proceeding will serve the public interest policies to increase subscribership and to Sections 4(i), 4(j), and 5(c) of the by giving interested parties adequate usage of the public switched network. Communications Act of 1934, as time to review and reply to the initial The Commission invited comment on amended, 47 U.S.C. §§ 154(i), 154(j), comments. the proposals and tentative conclusions and 155(c), and Sections 0.91 and 0.291 DATES: Reply comments are due on or set forth in that Notice, and set of the Commission’s rules, 47 CFR before November 14, 1995. deadlines of September 27, 1995, for §§ 0.91 and 0.291, that the deadline for ADDRESSES: Federal Communications initial comments and October 27, 1995, filing reply comments in the captioned Commission, 1919 M Street, NW., for reply comments. proceeding IS EXTENDED until Washington, DC 20554. 2. The Commission has received November 14, 1995. FOR FURTHER INFORMATION CONTACT: comments from more than 60 Federal Communications Commission. Andy Mulitz, telephone number 202– respondents. Many of these comments Kathleen M.H. Wallman, 418–0827, George Johnson, telephone are lengthy and present alternative number 202–418–0866, or John V. proposals to those appearing in the Chief, Common Carrier Bureau. Giusti, telephone number 202–418– Notice that require careful analysis. In [FR Doc. 95–26694 Filed 10–27–95; 8:45 am] 0878. these circumstances, we find the BILLING CODE 6712±01±M 55239
Notices Federal Register Vol. 60, No. 209
Monday, October 30, 1995
This section of the FEDERAL REGISTER provided under these regulations; e.g., is estimated to average 0.246 hours per contains documents other than rules or contract and specification acceptance response. proposed rules that are applicable to the services and certification of quantity. Respondents: State or local public. Notices of hearings and investigations, This voluntary grading service is governments, businesses or other for- committee meetings, agency decisions and available on a resident basis or a lot-fee profit, Federal agencies or employees, rulings, delegations of authority, filing of basis. Respondents may request resident small businesses or organizations. petitions and applications and agency Estimated Number of Respondents: statements of organization and functions are service on a continuous basis or on an examples of documents appearing in this as-needed basis. The service is paid for 753. section. by the user (user-fee). Estimated Number of Responses per The Agricultural Marketing Act of Respondent: 34.02. 1946 (60 Stat. 1087–1091, as amended; Estimated Total Annual Burden on DEPARTMENT OF AGRICULTURE 7 U.S.C. 1621–1627) (AMA) directs and Respondents: 25,617 hours. authorizes the Department to develop Copies of this information collection Agricultural Marketing Service standards of quality, grades, grading can be obtained from Shields Jones, Standardization Branch, at (202) 720– [Docket No. PY±95±006] programs, and services which facilitate trading of agricultural products and 3506. Send comments regarding the Notice of Request for Extension and assure consumers of quality products accuracy of the burden estimate, ways to Revision of a Currently Approved which are graded and identified under minimize the burden, including through Information Collection USDA programs. To provide programs and services, the use of automated collection AGENCY: Agricultural Marketing Service, section 203 (h) of the AMA directs and techniques or other forms of information USDA. authorizes the Secretary of Agriculture technology, or any other aspect of this ACTION: Notice and request for to inspect, certify and identify, and collection of information, to: comments. identify the grade, class, quality, Janice L. Lockard, Chief, quantity, and condition of agricultural Standardization Branch, Poultry SUMMARY: In accordance with the products under such rules and Division, Agricultural Marketing Paperwork Reduction Act of 1995 (44 regulations as the Secretary may Service, U.S. Department of Agriculture, U.S.C. Chapter 35), this notice prescribe, including assessment and 14th & Independence Avenue SW., announces the Agricultural Marketing collection of fees for the cost of the Washington, DC 20250. Service’s (AMS) intention to request an service. All responses to this notice will be extension for and revision to a currently Because this is a voluntary program, summarized and included in the request approved information collection in respondents need to request or apply for for OMB approval. All comments will support of the Regulations Governing the specific service they wish, and in also become a matter of public record. the Grading of Shell Eggs and U.S. doing so, they provide information. Dated: October 23, 1995. Standards, Grades, and Weight Classes Since the AMA requires that cost of Kenneth C. Clayton, for Shell Eggs—7 CFR Part 56. service be assessed and collected, there Acting Administrator. is no alternative but to provide DATES: Comments on this notice must be [FR Doc. 95–26789 Filed 10–27–95; 8:45 am] received by December 29, 1995. programs on a fee-for-service basis and to collect the information needed to BILLING CODE 3410±02±P ADDITIONAL INFORMATION: Contact establish the cost. Shields Jones, Standardization Branch, The information collection Forest Service Poultry Division, Agricultural Marketing requirements in this request are Service, U.S. Department of Agriculture, essential to carry out the intent of the Fern Star Timber Sale; Clearwater 14th and Independence Avenue, SW., AMA, to provide the respondents the Washington, DC 20050, (202) 720–3506. National Forest, Clearwater County, type of service they request, and to Idaho SUPPLEMENTARY INFORMATION: administer the program. Title: Regulations Governing the The information collected is used AGENCY: Forest Service, USDA. Grading of Shell Eggs and U.S. only by authorized representatives of ACTION: Notice; intent to prepare Standards, Grades, and Weight Classes the USDA (AMS, Poultry Division’s environmental impact statement. for Shell Eggs. national staff; regional directors and OMB Number: 0581–0128. their staffs; Federal-State supervisors SUMMARY: The USDA, Forest Service, Expiration Date of Approval: April 30, and their staffs; and resident Federal- will prepare an environmental impact 1996. State graders, which includes State statement (EIS) to disclose the Type of Request: Extension and agencies). The information is used to environmental effects of timber harvest, revision of a currently approved administer and to conduct and carry out road construction, reforestation and information collection. the grading services requested by the prescribed burning in the vicinity of the Abstract: The regulations provide a respondents. The Agency is the primary Isabella Creek and the Star Creek voluntary program for grading shell eggs user of the information, and the drainages. The area lies to the east of on the basis of U.S. standards, grades, secondary user is each authorized State Isabella Creek and is located in the and weight classes. In addition, the agency which has a cooperative northwestern corner of the North Fork shell egg industry and users of the agreement with AMS. Ranger District, Clearwater National products have requested that other types Estimate of Burden: Public reporting Forest, Clearwater County, Idaho. A of voluntary services be developed and burden for this collection of information portion of the proposed project’s 55240 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices activities are within a roadless area. The of the harvesting would utilize a The Forest Service will consider a proposal’s actions are being considered shelterwood-seedtree regeneration range of alternatives to the proposed together because they represent either system. Activities would include action. One of these will be the ‘‘no connected or cumulative actions as harvesting approximately 12.4 million action’’ alternative, in which none of the defined by the Council on board feet on 7 units totaling 522 to proposed activities would be Environmental Quality (40 CFR improve or maintain the health of the implemented. Additional alternatives 1508.25). timber stands and reintroduce fire to the will examine varying levels and The purposes of the project are to area; prescribe burn approximately 522 locations for the proposed activities to implement the Clearwater Forest Plan; acres to reduce logging and natural slash achieve the proposal’s purposes, as well sustain the diversity and productivity of levels; reforest up to approximately 522 as to respond to the issues and other all ecosystems within the Project Area acres by hand planting with nursery- resource values. including the aquatic ecosystems, grown seedlings and through natural The EIS will analyze the direct, sensitive plan communities and old regeneration; maintain existing boulder indirect and cumulative environmental growth forest ecosystems; provide weirs in Isabella Creek to improve pool effects of the alternatives. Past, present conditions that ensure positive timber habitat and increase angling and projected activities on both private growth; and reduce the risk of large fires opportunities; establish a new trail head and National Forest lands will be within the Fern Star Project Area; for Trail #396 on Road #5339 with considered. The EIS will disclose the develop a permanent transportation facilities for dispersed camping and analysis of site-specific mitigation plan for the area that uses ecologically- stock handling; reconstruct measures and their effectiveness. sensitive road design methods for new approximately two miles of trail from Public participation is an important roads, utilizes timber yarding systems Fern Creek to the junction with Road part of the project, commencing with that minimize the need for additional #705 near the bridge across Isabella the initial scoping process (40 CFR new roads and analyzes each existing Creek; construct trail head facilities for 1501.7), which starts with publication of road for the appropriate type of use, handling stock and dispersed camping this notice and continues for the next 45 need for maintenance and possibility of at the helicopter landing on Road #705; days. In addition, the public is obliteration. interpret disjunct plant communities for encouraged to visit with Forest Service This project-level EIS will tier to the public education through signing and officials at any time during the analysis Clearwater National Forest Land and brochures; reconstruct approximately and prior to the decision. The Forest Resource Management Plan (Forest 3.1 miles of existing Road #5339 and Service will be seeking information, Plan) and Final EIS (September, 1987), construct approximately 3.4 miles of comments and assistance from Federal, which provides overall guidance of all new road to facilitate timber harvest, State and local agencies, as well as other land management activities on the prescribed burning, and reforestation individuals or organizations who may Clearwater National Forest. activities; and erect a barrier on Road be interested in or affected by the DATES: Written comments and #5339 near the junction with Road #700 proposed action. No meetings are suggestions should be received on or for wildlife security and erosion control. scheduled, but letters, phone calls or before December 14, 1995 to receive The Clearwater Forest Plan provides personal visits are invited for the timely consideration in the preparation guidance for management activities purpose of providing information of the Draft EIS. The Draft EIS will be within the potentially affected area related to this proposal. Interested filed with the Environmental Protection through its goals, objectives, standards, individuals and organizations are Agency in March 1996. The Final EIS guidelines and management area encouraged to contact the North Fort and Record of Decision are expected to direction. The areas of proposed timber District Ranger to be added to the be issued in September 1996. harvest and reforestation would occur project mailing list to receive future ADDRESSES: Submit written comments within Management Areas E1/E3, C4, information related to this project. and suggestions on the proposed action A4, US, and C3. Timber harvest would Comments from the public and other or requests to be placed on the project occur only on suitable timber land. agencies will be used in preparation of mailing list to Arthur S. Bourassa, Below is a brief description of the the Draft EIS. The scoping process will District Ranger, North Fork Ranger applicable management direction. be used to: District, Clearwater National Forest, Management Area E1/E3 (2,109 acres)— 1. Identify potential issues. 1225 Ahsahka Road, Orofino, ID 83544. Timber Management—Provide optimum, 2. Identify major issues to be analyzed in FOR FURTHER INFORMATION CONTACT: sustained production of timber products in a depth. Steward Wilson, Team Leader, North cost-effective manner while protecting soil 3. Eliminate minor issues or those which Fork Ranger District, Clearwater and water quality. have been covered by a relevant previous environmental analysis, such as the National Forest, 1225 Ahsahka Road, Management Area C4 (1,808 acres)—Elk Winter Range/Timber—Provide sufficient Clearwater Forest Plan EIS. Orofino, ID 83544. Phone: (208) 476– 4. Identify alternatives to the proposed 3775 or Fax: (208) 476–5441. winter forage and thermal cover for existing and projected big game populations while action. SUPPLEMENTARY INFORMATION: The achieving timber production outputs. 5. Identify potential environmental effects of Project Area consists of 5,415 acres of Management Area A4 (1,229 acres)—Visual the proposed action and alternatives (i.e., National Forest land located in all or Travel Corridor—Maintain or enhance an direct, indirect and cumulative effects). part of sections 4, 5, and 6 of T40N, aesthetically pleasing, natural appearing 6. Determine potential cooperating agencies R7E; and sections 15, 16, 20–22, and Forest setting surrounding designated roads, and task assignments. 27–33 of T41N, R7E, Boise Meridian. trails, and other areas considered important Preliminary issues identified as a All management activities would be for recreational travel and use. result of internal scoping include: Management Area US (264 acres)—Non- Effects of the proposal on old growth administered by the North Fork Ranger Productive Forest—Maintain and protect soil District, Clearwater National Forest, and watershed values and vegetative cover. habitat, cumulative effects of the past Clearwater County, Idaho. Manage for resources other than timber. harvest that has occurred in the area, The proposed action includes Management Area C3 (5 acres)—Elk Winter fragmentation, opening size (existing activities covering approximately 522 Range—Provide winter forage and thermal and proposed), water quality, impacts to acres of the 5,415-acre Project Area. All cover for big game. biodiversity of the area, watershed Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55241 rehabilitation, effects of the proposal on the procedural provisions of the days from the date of publication of this riparian areas, impacts to fish species, National Environmental Policy Act at 40 notice. snag management, visual quality of the CFR 1503.3 in addressing these points. area, travel corridors/linkages and I am the responsible official for this Antidumping duty pro- Period to be re- effects on threatened, endangered and environmental impact statement. My ceeding viewed sensitive species. This list will be address is Clearwater National Forest, India: verified, expanded and/or modified 12730 Highway 12, Orofino, ID 83544. Certain Forged based on the public scoping for this Dated: October 13, 1995. Stainless Steel proposal. James L. Caswell, Flanges A±533± The Draft EIS is expected to be filed 809 Viraj ...... 03/01/95±08/31/95 with the Environmental Protection Forest Supervisor. Agency (EPA) and available for public [FR Doc. 95–26818 Filed 10–27–95; 8:45 am] We will instruct the U.S. Customs review in March 1996. At that time, the BILLING CODE 3410±11±M Service to allow, at the option of the EPA will publish a Notice of importer, the posting, until the Availability of the Draft EIS in the completion of the review, of a bond or Federal Register. The comment period DEPARTMENT OF COMMERCE security in lieu of a cash deposit for on the Draft EIS will be 45 days from the each entry of the merchandise in date the Environmental Protection International Trade Administration accordance with section 353.22(h)(4) of Agency publishes the notice of [A±533±809] the Department’s interim regulations. availability in the Federal Register. It is Interested parties must submit very important that those interested in Certain Forged Stainless Steel Flanges applications for disclosure under management of the Fern Star area From India; Initiation of New Shipper administrative protective orders in participate at that time. To be most Antidumping Duty Administrative accordance with 19 CFR 353.34(b). helpful, comments on the Draft EIS Review This initiation and this notice are in should be as site-specific as possible. accordance with section 751(a) of the The Final EIS is scheduled to be AGENCY: Import Administration/ Tariff Act of 1930, as amended (19 completed by September 1996. International Trade Administration/ U.S.C. 1675(a)) and section 353.22(h) of The Forest Service believes, at this Department of Commerce. the Department’s interim regulations. early stage, it is important to give ACTION: Notice of initiation of new reviewers notice of several court rulings Dated: October 25, 1995. shipper antidumping duty Joseph A. Spetrini, related to public participation in the administrative review. environmental review process. First, Deputy Assistant Secretary for Compliance. reviewers of draft environmental impact SUMMARY: The Department of Commerce [FR Doc. 95–26876 Filed 10–27–95; 8:45 am] statements must structure their (the Department) has received a request BILLING CODE 3510±DS±U participation in the environmental to conduct a new shipper administrative review of the proposal so that it is review of an antidumping duty order [A±821±803] meaningful and alerts an agency to the with a February anniversary date. In reviewer’s position and contentions. accordance with the Department’s Titanium Sponge From Russia; Vermont Yankee Nuclear Power Corp. v. Interim Regulations, we are initiating Preliminary Results of Antidumpting NRDC, 435 U.S. 519, 553 (1978). Also, this administrative review. Duty Administrative Review environmental objections that could be EFFECTIVE DATE: October 30, 1995. raised at the draft environmental impact AGENCY: Import Administration, FOR FURTHER INFORMATION CONTACT: statement stage but that are not raised International Trade Administration, until after completion of the final Holly A. Kuga, Office of Antidumping Department of Commerce. Compliance, Import Administration, environmental impact statement may be ACTION: Notice of preliminary results of International Trade Administration, waived or dismissed by the courts. City antidumping duty administrative U.S. Department of Commerce, 14th of Angoon v. Hodel, 803 F.2d 1016, review. 1022 (9th Cir. 1986) and Wisconsin Street and Constitution Avenue NW., Heritages, Inc. v. Harris, 490 F. Supp. Washington, DC 20230, telephone: (202) SUMMARY: In response to a request from 1334, 1338 (E.D. Wis. 1980). Because of 482–4737. two U.S. producers, Oregon these court rulings, it is very important SUPPLEMENTARY INFORMATION: Metallurgical Corporation (OREMET) that those interested in this proposed and Titanium Metals Corporation action participate by the close of the 45- Background (TIMET), the Department of Commerce day comment period so that substantive On September 25, 1995, the (the Department) is conducting an comments and objections are made Department received a request, in administrative review of the available to the Forest Service at a time accordance with section 353.22(h)(3)(i) antidumping finding on titanium when it can meaningfully consider them of the Department’s interim regulations, sponge from Russia. The review covers and respond to them in the final for a new shipper review of an four manufacturers/exporters, VILS-All environmental impact statement. antidumping duty order with a February Union Institute of Light Alloys (VILS), To assist the Forest Service in anniversary date. Verkhnaya Salda Metallurgical identifying and considering issues on Production Organization (VSMPO), V/O the proposed action, comments on the Initiation of Review Techsnabexport (TENEX), and the draft environmental impact statement In accordance with section 353.22(h) Berezniki Titanium-Magnesium Works should be as specific as possible. It is of the Department’s interim regulations, (AVISMA), and exports of the subject also helpful if comments refer to we are initiating a new shipper review merchandise to the United States for the specific pages or chapters of the draft of the antidumping duty order on period August 1, 1992 through July 31, statement. Reviewers may wish to refer certain forged stainless steel flanges 1993. to the Council on Environmental from India. We intend to issue the final We have preliminarily determined Quality Regulations for implementing results of this review not later than 270 that respondents did not export 55242 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices titanium sponge to the United States harmonized tariff schedule (HTS) publication of the final results of the during the period of review. If these subheading 8108.10.50.10. The HTS next administrative review. preliminary results are adopted in our subheading is provided for convenience This notice also serves as a final results of review we will instruct and U.S. Customs purposes; our written preliminary reminder to importers of U.S. customs to maintain the cash description of the scope of this finding their responsibility under 19 CFR deposit rate of 83.96 percent, which is is dispositive. 353.26 to file a certificate regarding the the rate established in the final results This review covers four reimbursement of antidumping duties of the last administrative review of the manufacturers/exporters of titanium prior to liquidation of the relevant antidumpting finding on titanium sponge, VILS, VSMPO, TENEX, and entries during this review period. sponge from the Union of Soviet AVISMA. The review period is August Failure to comply with this requirement Socialist Republics. 1, 1992, through July 31, 1993. could result in the Secretary’s Interested parties are invited to Preliminary Results of Review presumption that reimbursement of comment on these preliminary results. antidumping duties occurred and the In response to the Department’s EFFECTIVE DATE: October 30, 1995. subsequent assessment of double request for U.S. sales information, VILS, antidumping duties. FOR FURTHER INFORMATION CONTACT: TENEX, and VSMPO, reported that they David Genovese or Zev Primor, Office of This administrative review and notice did not export titanium sponge to the are in accordance with section 751(a)(1) Antidumping Compliance, International United States during the period of Trade Administration, U.S. Department of the Act (19 U.S.C. 1675(a)(1)) and 19 review. AVISMA reported that it CFR 353.22. of Commerce, Washington, DC 20230, produced and sold titanium sponge telephone: (202) 482–5254 during the period of review but that it Dated: October 20, 1995. Susan G. Esserman, SUPPLEMENTARY INFORMATION: sold to unrelated intermediaries without knowledge of the ultimate destination of Assistant Secretary for Import Background the merchandise. Because AVISMA did Administration. On August 28, 1968, the Department not have knowledge of the ultimate FR Doc. 95–26877 Filed 10–27–95; 8:45 am] of the Treasury published an destination of the merchandise at the BILLING CODE 3510±DS±P±M antidumping findings on titanium time of sale, AVISMA is a non-shipper sponge from the Union of Soviet for the purposes of this review. Socialist Republics (USSR) (33 FR Accordingly, the effective cash deposit National Oceanic and Atmospheric 12138). In December 1991, the USSR rate for Russian titantium sponge that Administration divided into fifteen independent states. entered the United States during the [I.D. 101795A] To conform to these changes, the period of review will continue to be the Department changed the original rate from the most recent review, which Mid-Atlantic Fishery Management antidumping finding into fifteen is 83.96 percent. Council; Meetings findings applicable to the Baltic states Parties to the proceeding may request AGENCY: and the former Republics of the USSR a hearing within 10 days of publication National Marine Fisheries (57 FR 36070, August 12, 1992). of this notice. Any hearing, if requested, Service (NMFS), National Oceanic and On August 3, 1993, the Department will be held 44 days after the date of Atmospheric Administration (NOAA), published a notice of ‘‘Opportunity to publication of this notice, or the first Commerce. Request an Administrative Review’’ (58 workday thereafter and will be limited ACTION: Notice of public meetings. to those issues raised in the case briefs FR 41239) of the antidumping finding SUMMARY: The Mid-Atlantic Fishery on titanium sponge from Russia. On and/or written comments. Case briefs Management Council and its Demersal August 27 and 30 1993, TIMET and and/or written comments from Species Committee will hold public OREMET, respectively, requested an interested parties may be submitted not meetings. administrative review. The Department later than 30 days after the date of DATES: The Demersal Species initiated the review on September 30, publication. Rebuttal briefs and Committee will meet on November 7, 1993 (58 FR 51053), The Department rebuttals to written comments, limited 1995, from 1:00 until 5:00 p.m. The initiated the review on September 30, to the issues raised in the case briefs Council will meet on November 8, 1995, 1993 (58 FR 51053), covering the period and comments, may be filed not later from 8:00 a.m. until 4:00 p.m. and again August 1, 1992, through July 31, 1993. than 37 days after the date of on November 9, 1995, from 8:00 a.m. The Department is conducting this publication. The Department will until noon. review in accordance with section 751 publish the final results of this of the Tariff Act of 1930, as amended administrative review, including the ADDRESSES: The meetings will be held at (the Act). Unless otherwise indicated, results of its analysis of any written the Ocean Place Hilton, 1 Ocean all citations to the statute and to the comments or case briefs. Boulevard, Long Branch, NJ 07740; Department’s regulations are references Furthermore, the following deposit telephone: 908–571–4000. to the provisions as they existed on requirement will be effective for all Council Address: Mid-Atlantic December 31, 1994. shipments of the subject merchandise, Fishery Management Council, 300 S. entered or withdrawn from warehouse, New Street, Dover, DE 19901. Scope of the Review for consumption on or after the FOR FURTHER INFORMATION CONTACT: The merchandise covered by this publication date of the final results of David R. Keifer, Executive Director, review is titanium sponge from Russia. this administrative review, as provided Mid-Atlantic Fishery Management Titanium sponge is chiefly used for by section 751(a)(1) of the Act: the cash Council; telephone: 302–674–2331. aerospace vehicles, specifically, in the deposit rate for entries of titanium SUPPLEMENTARY INFORMATION: The construction of compressor blades and sponge from Russia will be that rate purpose of these meetings is to review wheels, stator blades, rotors, and other established in the final results of this the scup fishery management plan, parts in aircraft gas turbine engines. administrative review. review the dogfish scoping document, Imports of titanium sponge are These deposit requirements, when and discuss proposed revisions to the currently classifiable under the imposed, shall remain in effect until striped bass management program, and Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55243 hear presentations on scallop research Dated: October 24, 1995. commodities and services to the and monkfish management. Richard W. Surdi, Government. 4. There are no known regulatory Special Accommodations Acting Director, Office of Fisheries Conservation and Management, National alternatives which would accomplish This meeting is physically accessible Marine Fisheries Service. the objectives of the Javits-Wagner- to people with disabilities. Requests for [FR Doc. 95–26761 Filed 10–27–95; 8:45 am] O’Day Act (41 U.S.C. 46–48c) in sign language interpretation or other BILLING CODE 3510±22±F connection with the commodities and auxiliary aids should be directed to services proposed for addition to the Joanna Davis at 302–674–2331 at least 5 Procurement List. days prior to the meeting dates. COMMITTEE FOR PURCHASE FROM Comments on this certification are Dated: October 24, 1995. PEOPLE WHO ARE BLIND OR invited. Commenters should identify the statement(s) underlying the certification Richard W. Surdi, SEVERELY DISABLED on which they are providing additional Acting Director, Office of Fisheries Procurement List; Proposed Additions information. Conservation and Management, National The following commodities and Marine Fisheries Service. AGENCY: Committee for Purchase From services have been proposed for [FR Doc. 95–26760 Filed 10–27–95; 8:45 am] People Who Are Blind or Severely addition to Procurement List for BILLING CODE 3510±22±F Disabled. production by the nonprofit agencies ACTION: Proposed additions to listed: Procurement List. [I.D. 101895A] Commodities SUMMARY: The Committee has received Tie Down, Cargo, Aircraft North Pacific Fishery Management proposals to add to the Procurement List 1670–00–725–1437 Council Plan Team Meetings commodities and services to be NPA: Cottonwood Incorporated furnished by nonprofit agencies Lawrence, Kansas AGENCY: National Marine Fisheries employing persons who are blind or Service (NMFS), National Oceanic and have other severe disabilities. Targets Atmospheric Administration (NOAA), COMMENTS MUST BE RECEIVED ON OR 6920–00–-Z85–9237 Commerce. BEFORE: November 27, 1995. 6920–00–-Z85–9240 ACTION: Notice of meetings. ADDRESS: Committee for Purchase From 6920–00–85–9241 People Who Are Blind or Severely 6920–00–Z85–9248 SUMMARY: The North Pacific Fishery Disabled, Crystal Square 3, Suite 403, 6920–00–Z85–9249 Management Council’s Gulf of Alaska 1735 Jefferson Davis Highway, 6920–00–Z86–9768 6920–00–Z86–9769 (GOA) and Bering Sea/Aleutian Islands Arlington, Virginia 22202–3461. (BSAI) plan teams will hold meetings. 6920–00–Z86–9770 FOR FURTHER INFORMATION CONTACT: 6920–00–Z88–2857 DATES: The meetings will begin at 1:00 Beverly Milkman (703) 603–7740 6920–01–Z87–6646 p.m. on November 13, 1995, and SUPPLEMENTARY INFORMATION: This 6920–01–Z87–6649 continue through November 17. notice is published pursuant to 41 6920–00–Z85–9236 ADDRESSES: The meetings will be held at U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its 6920–01–Z88–2858 the Alaska Fisheries Science Center, purpose is to provide interested persons 6920–01–Z88–2859 7600 Sand Point Way NE., Room 2079, an opportunity to submit comments on 6920–01–Z88–2869 Building 4, Seattle, WA. the possible impact of the proposed 6920–01–Z88–2861 6920–01–Z87–6650 Council address: North Pacific actions. If the Committee approves the 6920–01–Z88–2862 Fishery Management Council, 605 W. 6920–01–NSH–9017 proposed additions, all entities of the 4th Avenue, Suite 306, Anchorage, AK 6920–01–NSH–9018 99501–2252. Federal Government (except as 6920–01–NSH–9019 FOR FURTHER INFORMATION CONTACT: otherwise indicated) will be required to (Requirements for Fort Stewart, Georgia Dave Witherell or Jane DiCosimo; procure the commodities and services only) telephone: (907) 271–2809. listed below from nonprofit agencies NPA: Walterboro Vocational employing persons who are blind or SUPPLEMENTARY INFORMATION: The Rehabilitation Center Walterboro, have other severe disabilities. South Carolina agenda for the meetings will include the I certify that the following action will following subjects: not have a significant impact on a Services 1. Review any new stock assessment substantial number of small entities. Assembly of Backpack Pump Outfit information and catch statistics and The major factors considered for this (4320–00–289–8912) prepare final stock assessment certification were: General Services Administration, documents for the 1996 groundfish 1. The action will not result in any Region 7 fisheries in the GOA and BSAI. additional reporting, recordkeeping or 819 Taylor Street 2. Review research needs and other compliance requirements for small Fort Worth, Texas priorities. entities other than the small NPA: Expanco, Inc., Fort Worth, Texas Special Accommodations organizations that will furnish the Grounds Maintenance commodities and services to the Defense Finance and Accounting These meetings are physically Government. Service accessible to people with disabilities. 2. The action does not appear to have Building 951 Requests for sign language a severe economic impact on current 1111 East Mill Street interpretation or other auxiliary aids contractors for the commodities and San Bernadino, California should be directed to Helen Allen, 907– services. NPA: Lincoln Training Center & 271–2809, at least 5 working days prior 3. The action will result in Rehabilitation Workshop, South El to the meeting date. authorizing small entities to furnish the Monte, California 55244 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
Grounds Maintenance contractors for the commodities and Committee Act, 5 U.S.C. App. 2, § 10(a) Marine Corps Support Activity services. and 41 C.F.R. § 101–6.1015(b), that the Richards-Gebaur Memorial Airport 3. The action will result in Commodity Futures Trading Kansas City, Missouri authorizing small entities to furnish the Commission’s Agricultural Advisory NPA: Independence & Blue Springs commodities and services to the Committee will conduct a public Industries, Inc., Independence, Government. meeting on November 13, 1995 from Missouri 4. There are no known regulatory 1:00 p.m. to 5:00 p.m. in the first floor G. John Heyer, alternatives which would accomplish hearing room of the Commodity Futures General Counsel. the objectives of the Javits-Wagner- Trading Commission (Room 1000), [FR Doc. 95–26744 Filed 10–27–95; 8:45 am] O’Day Act (41 U.S.C. 46–48c) in Three Lafayette Centre, 1155 21st Street, connection with the commodities and BILLING CODE 6820±33±P N.W., Washington, D.C. 20581. The services proposed for addition to the agenda will consist of: Procurement List. Agenda Procurement List; Additions Accordingly, the following commodities and services are hereby I. Opening Remarks by Chairman Mary AGENCY: Committee for Purchase From added to the Procurement List: Schapiro; People Who Are Blind or Severely II. Discussion of Current Delivery Issues— Disabled. Executive/Personal Time Management Grain/Soybean; System III. Presentation on the Live Cattle Contract: ACTION: Additions to the Procurement ′′ A. Deliveries Under New Contract List. 7520–00–NSH–0087 (1 binder, with or Specifications; without specialized logo, seven B. Changing the Limit in the Spot Month; SUMMARY: This action adds to the sections, velcro closure) IV. Discussion of New Agricultural Futures Procurement List commodities and 7520–00–NSH–0091 (1′′ binder, with or Contracts: services to be furnished by nonprofit without specialized logo, seven A. Crop Yield Futures/Options Contracts; agencies employing persons who are sections, zipper closure) B. Fluid Milk Futures Contracts; blind or have other severe disabilities. 7520–00–NSH–0092 (1.5′′ binder, with V. Discussion of Commission Rulemaking— or without specialized logo, five Section 4(c) Contract Market EFFECTIVE DATE: November 27, 1995. Transactions—Part 36; ADDRESSES: Committee for Purchase sections, no closure) VI. Discussion of the Metallgesellschaft From People Who Are Blind or Severely (Up to 46,000 annually under Special Enforcement Action; Disabled, Crystal Square 3, Suite 403, Item No. 342–312 on Federal Supply VII. An Update on Audit Trail and Dual 1735 Jefferson Davis Highway, Schedule 75–II–A) Trading; Arlington, Virginia 22202–3461. VIII. The Effect of Federal Policies on Services Commodity Yield and Price Risk FOR FURTHER INFORMATION CONTACT: Janitorial/Custodial Management; Beverly Milkman, (703) 603–7740. Presidio of Monterey IX. Other Committee Business; and SUPPLEMENTARY INFORMATION: On July Annex and Child Development Center X. Closing Remarks by Commissioner Joseph 22, 1994, August 11 and September 1, Monterey, California Dial. 1995, the Committee for Purchase From Janitorial/Custodial The purpose of this meeting is to People Who Are Blind or Severely Child Care Buildings 2414, 2501, 3830 solicit the views of the Committee on Disabled published notices (59 FR and the above-listed agenda matters. The 37465, 60 FR 20971 and 45705) of West 3rd Street Facility Advisory Committee was created by the proposed additions to the Procurement McGuire Air Force Base, New Jersey Commodity Futures Trading List. Janitorial/Custodial Commission for the purpose of receiving After consideration of the material Federal Building advice and recommendations on presented to it concerning capability of 224 S. Boulder agricultural issues. The purposes and qualified nonprofit agencies to provide Tulsa, Oklahoma objectives of the Advisory Committee the commodities and services, fair Janitorial/Custodial are more fully set forth in the fifth market price, and impact of the Allison Park U.S. Army Reserve Center renewal charter of the Advisory additions on the current or most recent #2 Committee. contractors, the Committee has Buildings 1 and 5 The meeting is open to the public. determined that the commodities and Allison Park, Pennsylvania The Chairman of the Advisory services listed below are suitable for This action does not affect current Committee, Commissioner Joseph B. procurement by the Federal Government contracts awarded prior to the effective Dial, is empowered to conduct the under 41 U.S.C. 46–48c and 41 CFR 51– date of this addition or options meeting in a fashion that will, in his 2.4. exercised under those contracts. judgment, facilitate the orderly conduct I certify that the following action will G. John Heyer, of business. Any member of the public not have a significant impact on a General Counsel. who wishes to file a written statement with the Advisory Committee should substantial number of small entities. [FR Doc. 95–26745 Filed 10–27–95; 8:45 am] The major factors considered for this mail a copy of the statement to the certification were: BILLING CODE 6820±33±P attention of: the Commodity Futures 1. The action will not result in any Trading Commission Agricultural additional reporting, recordkeeping or Advisory Committee c/o Kimberly other compliance requirements for small COMMODITY FUTURES TRADING Harter, Commodity Futures Trading entities other than the small COMMISSION Commission, Three Lafayette Centre, organizations that will furnish the Agricultural Advisory Committee 1155 21st Street, N.W., Washington, commodities and services to the Meeting D.C. 20581, before the meeting. Government. Members of the public who wish to 2. The action does not appear to have This is to give notice, pursuant to make oral statements should also inform a severe economic impact on current Section 10(a) of the Federal Advisory Ms. Harter in writing at the foregoing Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55245 address at least three business days 101–510) of 1990, as implemented by or topics which the commenter believes before the meeting. Reasonable the 1991 Base Closure and Realignment the EIS should address. Written provision will be made, if time permits, process, the Navy closed NAVSTA Long comments regarding this proposed for an oral presentation of no more than Beach on 30 September 1994. action should be postmarked no later five minutes each in duration. Operations conducted at NAVSTA Long than 30 November 1995, to Southwest Issued by the Commission in Washington, Beach are currently relocating to other Division, Naval Facilities Engineering D.C. on October 25, 1995. naval stations located in the continental Command, 1220 Pacific Highway, San Jean A. Webb, United States. The proposed action Diego, CA 92132–5190 (Attention: Ms. involves the disposal of land, buildings, Secretary of the Commission. Jo Ellen Anderson, Code 232JA), and infrastructure of NAVSTA Long telephone (619) 532–3912, fax (619) [FR Doc. 95–26874 Filed 10–27–95; 8:45 am] Beach for subsequent reuse. The 532–3824. BILLING CODE 6351±01±M property currently occupied by the Dated: October 25, 1995. station, including the Mole, totals approximately 250 acres. The Naval M.D. Schetszle, DEPARTMENT OF DEFENSE station is located on Terminal Island LT, JAGC, USNR, Alternative Federal Register within the Los Angeles and Long Beach Liaison Officer. Department of the Army Harbors along Seaside Avenue/Ocean [FR Doc. 95–26814 Filed 10–27–95; 8:45 am] BILLING CODE 3810±FF±M Board of Visitors, United States Boulevard. The Navy intends to analyze the Military Academy environmental effects of the disposal of AGENCY: United States Military NAVSTA Long Beach based on potential DEPARTMENT OF EDUCATION Academy, West Point, New York. reasonable reuses of the property, taking Bilingual Education: Comprehensive ACTION: Notice of open meeting. into account uses identified by the City of Long Beach and as determined during School Grants SUMMARY: In accordance with Section the EIS scoping process. One potential AGENCY: Department of Education. reuse of NAVSTA Long Beach that has 10(a)(20) of the Federal Advisory ACTION: Notice of final priority for fiscal been identified includes development of Committee Act (Pub. L. 92–463), year (FY) 1996 and following years. announcement is made of the following a cargo handling facility comprised of a meeting. 130-acre container terminal with a 37- SUMMARY: The Secretary announces a acre intermodal railyard. This reuse Name of Committee: Board of Visitors, priority for FY 1996 and following years United States Military Academy. would require demolition of the existing under the Bilingual Education: Date of Meeting: 17 November 1995. Roosevelt Base Historic District and Comprehensive School Grants program Place of Meeting: West Point, New York. removing all structures, landscaping, authorized in title VII of the Elementary Start Time of Meeting: 8 a.m. and infrastructure. and Secondary Education Act of 1965, Proposed Agenda: Annual Report Major environmental issues that will as amended (the Act). The Secretary Preparation; Commandant’s Assessment, be addressed in the EIS include, but are takes this action to implement a Report on Enhancing Teaching and not limited to, air quality, water quality, provision of the Act by focusing Federal Performance at USMA. All proceedings are endangered species, cultural resources, open. financial assistance on an identified traffic, and socioeconomic impacts. national need. The priority is intended FOR FURTHER INFORMATION CONTACT: The Navy will initiate a scoping to provide financial assistance to those Lieutenant Colonel John J. Luther, process for the purpose of determining local educational agencies (LEAs) or United States Military Academy, West the scope of issues to be addressed and LEAs in collaboration with institutions Point, NY 10996–5000, (914) 938–5870. for identifying potential reuse of higher education (IHEs), community- Gregory D. Showalter, alternatives. A public scoping meeting based organizations (CBOs), other LEAs, is scheduled for Thursday, November Army Federal Register Liaison Officer. or a State educational agency (SEA) 16, 1995, beginning at 7:00 p.m. at the [FR Doc. 95–26820 Filed 10–27–95; 8:45 am] proposing projects that will serve Long Beach Public Library, Main BILLING CODE 3710±08±M schools with significant concentrations Branch, 101 Pacific Avenue, Long of limited English proficient (LEP) Beach, California. students. A brief presentation will precede Department of the Navy request for public comment. Navy EFFECTIVE DATE: This priority takes effect November 29, 1996. Notice of Intent To Prepare an representatives will be available at this FOR FURTHER INFORMATION CONTACT: Environmental Impact Statement for meeting to receive comments from the Rebecca Richey or Alex Stein, U.S. Proposed Disposal and Reuse of Long public regarding issues of concern to the Department of Education, 600 Beach Naval Station, Long Beach, CA public. It is important that federal, state, and local agencies and interested Independence Ave., SW., Room 5090, Pursuant to Section 102(2)(c) of the individuals take this opportunity to Switzer Building, Washington, DC National Environmental Policy Act identify environmental concerns that 20202–6510. Telephone: Rebecca (NEPA) of 1969 as implemented by the should be addressed during the Richey at (202) 205–9717 or Alex Stein Council on Environmental Quality preparation of the EIS. In the interest of at (202) 205–5713. Individuals who use regulations (40 CFR Parts 1500–1508), available time, each speaker will be a telecommunications device for the the Department of the Navy announces asked to limit their oral comments to deaf (TDD) may call the Federal its intent to prepare an Environmental five minutes. Information Relay Service (FIRS) at 1– Impact Statement (EIS) to evaluate the Agencies and the public are invited 800–877–8339 between 8 a.m. and 8 environmental effects of the disposal and encouraged to provide written p.m., Eastern time, Monday through and reuse of Naval Station (NAVSTA) comments in addition to, or in lieu of, Friday. Long Beach, Long Beach, California. oral comments at the public meeting. To SUPPLEMENTARY INFORMATION: Under In accordance with the Defense Base be most helpful, scoping comments section 7114(a) of the Act, the purpose Closure and Realignment Act (Pub. L. should clearly describe specific issues of the Comprehensive School Grants 55246 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
Program is to assist LEAs or LEAs in services or the resources necessary to Bilingual Education: Systemwide collaboration with IHEs, CBOs, other serve them. Improvement Grants Program LEAs, or an SEA to implement Discussion: Because the AGENCY: Department of Education. schoolwide bilingual education Comprehensive School Grants Program ACTION: Notice of final priority for fiscal programs or special alternative is required by its authorizing statute to year (FY) 1996 and following years. instructional programs for reforming, serve LEP children and youth in schools restructuring, and upgrading all relevant with significant concentrations of these programs and operations, within an SUMMARY: The Secretary announces a children and youth, the Secretary, in individual school, that serve virtually priority for FY 1996 and following years order to implement the program, had to all LEP children and youth in schools under the Bilingual Education: with significant concentrations of these determine what constitutes a Systemwide Improvement Grants children and youth. ‘‘significant concentration.’’ By using a Program authorized in title VII of the percentage to measure a significant Elementary and Secondary Education Under this final priority, LEAs are concentration rather than a numeric Act of 1965, as amended (the Act). The eligible for funding if the proposed Secretary takes this action to implement project serves only schools in which the measurement, the Secretary has made it a provision of the Act by focusing number of LEP students, in each school possible for schools with small student Federal financial assistance on an served, equals at least 25 percent of the enrollments, but a significant percentage identified national need. The priority is total student enrollment. By using a 25 of LEP students, to meet the priority. intended to provide financial assistance percent threshold the Secretary is The Secretary believes that a 25 percent to local educational agencies (LEAs) or targeting those schools in which LEP threshold targets those schools that need LEAs in collaboration with institutions students constitute a major portion of to serve LEP children and youth who of higher education (IHEs), community- the school population. The Secretary are a major portion of a school’s based organizations (CBOs), other LEAs, chose a percentage threshold, rather population. or a State educational agency (SEA) to than a number threshold, in order to Changes: None. implement districtwide bilingual include schools with small student education programs or special enrollments. Using the 25 percent Priority alternative instructional programs that threshold, the Department estimates that Under 34 CFR 75.105(c)(3) and will serve a significant number of approximately 4,400 schools would be section 7114(a) of the Act, the Secretary limited English proficient (LEP) eligible to participate under this gives an absolute preference to children and youth in one or more LEAs program. The estimate is based on data applications that meet the following with significant concentrations of these from the Descriptive Study of Services priority. The Secretary funds under this children and youth. to LEP Students conducted by competition only applications that meet Development Associates, Inc., in 1993. EFFECTIVE DATE: This priority takes effect this absolute priority: On March 2, 1995 the Secretary November 29, 1995. published a notice of proposed priority Projects that serve only schools in FOR FURTHER INFORMATION CONTACT: for this program in the Federal Register which the number of LEP students, in Harry Logel, U.S. Department of (60 FR 11866). each school served, equals at least 25 Education, 600 Independence Avenue, percent of the total student enrollment. SW., Room 5090, Switzer Building, Note: This notice of final priority does not Washington, DC 20202–6510. solicit applications. A notice inviting Intergovernmental Review applications under this competition will be Telephone: (202) 205–5530. Individuals published in the Federal Register at a later This program is subject to the who use a telecommunications device date. requirements of Executive Order 12372 for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– Analysis of Comments and Changes and the regulations in 34 CFR Part 79. The objective of the Executive order is 800–877–8339 between 8 a.m. and 8 In response to the Secretary’s to foster an intergovernmental p.m., Eastern time, Monday through invitation in the notice of proposed partnership and a strengthened Friday. priority, one party submitted a federalism by relying on processes SUPPLEMENTARY INFORMATION: Under comment. An analysis of this comment developed by State and local section 7115(a) of the Act, the purpose follows. The Secretary has made no governments for coordination and of the Systemwide Improvement Grants changes in this priority since review of proposed Federal financial Program is to assist LEAs or LEAs in publication of the notice of proposed assistance. collaboration with IHEs, CBOs, other priority. LEAs, or an SEA to implement Comment: The commenter expressed In accordance with the order, this districtwide bilingual education concern that States with small document is intended to provide early programs or special alternative populations and rural districts would be notification of the Department’s specific instructional programs to improve, unable to participate in the plans and actions for this program. reform, and upgrade relevant programs Comprehensive School Grants Program Program. and operations, within an entire LEA, because they could not reach the (Catalog of Federal Domestic Assistance that serve a significant number of LEP threshold percentage. The commenter Number 84.290 Bilingual Education: children and youth in one or more LEAs maintained that States that receive large Comprehensive School Grants) with significant concentrations of these influxes of immigrants are less likely to Program Authority: 20 U.S.C. 7424. children and youth. need Federal assistance because of Under this final priority LEAs are Dated: October 23, 1995. existing services or resources for their eligible for funding if the proposed LEP children and youth or because they Dang T. Pham, project serves only LEAs in which the have been past recipients of Federal Acting Director, Office of Bilingual Education number of LEP students, in each LEA assistance. The commenter also noted and Minority Languages Affairs. served, is at least 1,000 or at least 25 that small States must serve LEP [FR Doc. 95–26755 Filed 10–27–95; 8:45 am] percent of the total student enrollment. students, but may not have existing BILLING CODE 4000±01±P By using a 1,000 or 25 percent Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55247 threshold, the Secretary is targeting threshold. The commenter maintained notification of the Department’s specific those LEAs in which LEP students that States that receive large influxes of plans and actions for this program. constitute a major portion of the LEAs’ immigrants are less likely to need (Catalog of Federal Domestic Assistance programs and operations. The Secretary Federal assistance because of existing Number 84.291 Bilingual Education: chose to use either a number or a services or resources for their LEP Systemwide Improvement Grants.) percentage threshold in order to include children and youth or because they have Program Authority: 20 U.S.C. 7425. small and large school districts with been past recipients of Federal Dated: October 19, 1995. significant concentrations of LEP assistance. The commenter also noted Dang T. Pham, students. If the Secretary had used only that small States must serve LEP Acting Director, Office of Bilingual Education a percentage threshold, some of the students, but may not have existing and Minority Languages Affairs. larger districts would be excluded from services or the resources necessary to [FR Doc. 95–26753 Filed 10–27–95; 8:45 am] participating in the program even serve them. though they enroll significant numbers Discussion: Because the Systemwide BILLING CODE 4000±01±P of LEP students. On the other hand, if Improvement Grants Program is the Secretary had used only a numerical required by its authorizing statute to [CFDA No.: 84.023] threshold, some smaller districts would serve LEP children and youth in LEAs be excluded from participating in the with significant concentrations of these Office of Special Education and program even though a significant children and youth, the Secretary, in Rehabilitative Services; Research in percentage of their student enrollment order to implement the program, had to Education of Individuals With consists of LEP students. Using the determine what constitutes a Disabilities Program 1,000 or 25 percent threshold, the ‘‘significant concentration.’’ If the Department estimates that Secretary used only a number to ACTION: Extension Notice. approximately 450 LEAs are eligible to measure a significant concentration, PURPOSE: On August 10, 1995, the participate under this program. This LEAs with small enrollments could be Secretary published in the Federal estimate is based on data from the excluded from participation in the Register (60 FR 40956) a combined Descriptive Study of Services to LEP program even though the percentage of application notice (CAN) inviting Students conducted by Development LEP students in those school districts applications for new awards for fiscal Associates, Inc., in 1993. was high. By using a percentage as well year 1996 under a number of the On March 2, 1995 the Secretary as a numerical measurement, the Department’s direct grant and published a notice of proposed priority Secretary has made it possible for LEAs fellowship programs. Included in the for this program in the Federal Register with small student enrollments, but a CAN were three competitions under the (60 FR 11862). significant percentage of LEP students, Research in Education of Individuals Note: This notice of final priority does not to meet the priority. The Secretary with Disabilities Program. The purpose solicit applications. A competition under this believes that a 25 percent threshold of this notice is to revise the closing program will not be held in FY 1996. If a targets those LEAs in which the number date for one of those competitions. The competition is held in a subsequent year, a of LEP children and youth may not be closing date for the Field-Initiated notice inviting applications under that large but nonetheless constitutes a major Research Projects competition, CFDA competition will be published in the Federal portion of the enrollment. Register at that time. No. 84.023C, has been extended to Changes: None. March 29, 1996. This action is taken in Analysis of Comments and Changes Priority consideration of the current proposals In response to the Secretary’s in the Congress that either eliminate or invitation in the notice of proposed Under 34 CFR 75.105(c)(3) and substantially reduce funding for the priority, two parties submitted section 7115(a) of the Act, the Secretary program. Extending the closing date for comments. An analysis of the gives an absolute preference to this competition allows the Department substantive comments follows. The applications that meet the following and potential applicants time to Secretary has made no changes in this priority. The Secretary funds under this consider further developments related priority since publication of the notice competition only applications that meet to the fiscal year 1996 appropriation. this absolute priority: of proposed priority. FOR FURTHER INFORMATION CONTACT: Comment: One commenter stated that Projects that serve only LEAs in Claudette Carey, U.S. Department of the priority needed to clarify whether or which the number of LEP students, in Education, 600 Independence Avenue, not LEAs may collaborate with one each LEA served, is at least 1,000 or at S.W., room 3525, Switzer Building, another to participate in the program. least 25 percent of the total student Washington, D.C. 20202–2641. Discussion: The statutory authority for enrollment. Telephone: (202) 205–9864. FAX: (202) this program provides that LEAs may Intergovernmental review 205–8105. Internet: Claudette collaborate with one another in carrying [email protected]. This program is subject to the out a Systemwide Improvement Grants Individuals who use a requirements of Executive Order 12372 project. The priority makes clear, telecommunications device for the deaf and the regulations in 34 CFR Part 79. however, that each LEA served under a (TDD) may call the TDD number: (202) The objective of the Executive order is Systemwide Improvement Grants 205–8953. project must meet either the numerical to foster an intergovernmental or the percentage threshold. partnership and a strengthened PROGRAM AUTHORITY: 20 U.S.C. 1441–1442, Changes: None. federalism by relying on processes 34 CFR 324. Comment: One commenter expressed developed by State and local Dated: October 25, 1995. concern that States with small governments for coordination and Judith E. Heumann, populations and rural districts would be review of proposed Federal financial Assistant Secretary for Special Education and unable to participate in the Systemwide assistance. Rehabilitative Services. Improvement Grants Program because In accordance with the order, this [FR Doc. 95–26889 Filed 10–27–95; 8:45 am] they could not reach the student document is intended to provide early BILLING CODE 4000±01±P 55248 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
[CFDA No. 84.116J] Priorities (c) The applicant’s relevant prior experience; Fund for the Improvement of Invitational Priorities (3) The applicant and any other Postsecondary EducationÐSpecial Under 34 CFR 75.105(c)(1)( and 34 participating organizations are Focus Competition (Invitational CFR 630.11(b)(1), the Secretary is committed to the success of the Priority: Institutional Cooperation and particularly interested in applications proposed project, as evidenced by, for Student Mobility Between United that meet the following invitational example— States and Member States of European priority. However, an application that (i) Contribution of resources by the Union); Notice Inviting Applications for meets this invitational priority does not applicant and by participating FY 1996 receive competitive or absolute organizations; (ii) Their prior work in the area; and Purpose of Program: To provide preference over other applications. Invitational Priority: Projects that (iii) The potential for continuation of grants to improve postsecondary the proposed project beyond the period education opportunities by focusing on support consortia of institutions of higher education which promote of funding (unless the project would be problem areas or improvement self-terminating); and approaches in postsecondary education. institutional cooperation and student mobility between the United States and (4) The proposed project demonstrates Supplemental Information: This potential for dissemination to or program is a Special Focus Competition the member states of the European Union. adaptation by other organizations, and pursuant to 34 CFR 630.11(b)(1) to shows evidence of interest by potential support projects addressing a particular Selection Criteria users. problem area or improvement approach In evaluating applications for grants (c) Appropriateness of funding in postsecondary education. The under this program competition, the projects. The Secretary reviews each competition also includes an Secretary uses the following selection application to determine whether invitational priority to encourage criteria chosen from those listed in 34 support of the proposed project by the proposals designed to support the CFR 630.32. Secretary is appropriate in terms of formation of educational consortia of (a) Significance for Postsecondary availability of other funding sources for American and European institutions to Education. The Secretary reviews each the proposed activities. encourage cooperation in the proposed project for its significance in In accordance with 34 CFR 630.32 the coordination of curricula, the exchange improving postsecondary education by Secretary announces the methods that of students, and the opening of determining the extent to which it will be used in applying the selection educational opportunities on the two would— criteria. continents. (1) Achieve the purposes of the The Secretary gives equal weight to The invitational priority is issued in program competition by addressing a the selection criteria on significance, cooperation with the European Union. particular problem area or improvement feasibility, and appropriateness. Within European institutions in any consortium approach in postsecondary education; each of these criteria, the Secretary gives proposal responding to the invitational (2) Address an important problem or equal weight to each of the subcriteria priority may apply to the Directorate need; listed above. In applying the criteria, the General XXII of the European (3) Represent an improvement upon, Secretary first analyzes an application Commission’s Task Force on Education, or important departure from, existing in terms of each individual criterion and Training and Youth for additional practice; subcriterion, the secretary then bases funding under a separate European (4) Involve learner-centered the final judgment of an application on competition. improvements; an overall assessment of the degree to Eligible Applicants: Institutions of (5) Achieve far-reaching impact which the applicant addresses all higher education or combinations of through improvements that will be selection criteria. such institutions and other public and useful in a variety of ways and in a For Applications or Information private nonprofit educational variety of ways and in a variety of Contact: Fund for the Improvement of institutions and agencies. settings; and Postsecondary Education (FIPSE), U.S. Deadline for Transmittal of (6) Increase the cost-effectiveness of Department of Education, 600 Applications: January 26, 1996. services. Independence Avenue, SW., Room Deadline for Intergovernmental (b) Feasibility. The Secretary reviews 3100, ROB–3, Washington, DC 20202– Review: March 26, 1996. each proposed project for its feasibility 5175. Telephone: (202) 708–5750 Applications Available: November 1, by determining the extent to which— between the hours of 8 a.m. and 5 p.m., 1995. (1) The proposed project represents Eastern Standard Time, Monday Available Funds: $1,500,000. and appropriate response to the problem through Friday, to order applications or Estimated Range of Awards: or need addressed; for information. Individuals may request $100,000–$175,000 for three years. (2) the applicant is capable of carrying applications by submitting the name of Estimated Average Size of Awards: out the proposed project, as evidenced the competition, their name, and postal $160,000 for three years. by, for example— mailing address to the e-mail address Estimated Number of Awards: 7. (i) The applicant’s understanding of [email protected]. Individuals may obtain NOTE: The Department is not bound by any the problem or need; the application text from Internet estimates in this notice. (ii) The quality of the project design, address http://www.ed.gov/prog-info/ Project Period: Up to 36 months. including objectives, approaches, and FIPSE/. Individuals who use a Applicable Regulations: (a) The evaluation plan; telecommunications device for the deaf Education Department General (iii) The adequacy of resources, (TDD) may call the Federal Information Administrative Regulations (EDGAR) in including money personnel, facilities, Relay Service (FIRS) at 1–800–877–8339 34 CFR Parts 74, 75 [except as noted in equipment, and supplies; between 8 a.m. and 8 p.m., Eastern 34 CFR 630.4(a)(2)], 77, 79, 80, 82, 85, (iv) The qualifications of key Standard time, Monday through Friday. and 86; and (b) the regulations for this personnel who would conduct the Information about the Department’s program in 34 CFR Part 630. project; and funding opportunities, including copies Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55249 of application notices for discretionary telephone at (301) 903–7731, facsimile Mexico, and Tennessee, American grant competitions, can be viewed on (301) 903–5434. Indian tribal governments, local county the Department’s electronic bulletin FOR FURTHER INFORMATION CONTACT: For governments, other federal agencies, board (ED Board), telephone (202) 260– general information on the DOE NEPA and other interested parties. The 9950; or on the Internet Gopher Server process, please contact: Ms. Carol Implementation Plan is available for at GPOHER.ED.GOV (under Borgstrom, Office of NEPA Policy and review at the following locations: Announcements, Bulletins, and Press Assistance, EH–42, U.S. Department of DOE Headquarters, 1000 Independence Releases). However, the official Energy, 1000 Independence Ave. SW, Avenue, SW., Room 1E–190, application notice for a discretionary Washington, D.C. 20585. Ms. Borgstrom Washington, DC, 20585, phone (202) grant competition is the notice may be contacted by leaving a message 586–3142; published in the Federal Register. at (800) 472–2756 or by calling (202) National Atomic Museum, Building Program Authority: 20 U.S.C. 1135–1135a– 586–4600. For general information on 20358, Wyoming Boulevard, Kirtland 3. the DOE isotope production program, Air Force Base, New Mexico, 87158, Dated: October 23, 1995. please contact: Mr. Owen W. Lowe, phone (505) 845–4378; David A. Longanecker, Associate Director, Office of Isotope Los Alamos National Laboratory Assistant Secretary for Postsecondary Production and Distribution, NE–70, Community Reading Room, 1450 Education. U.S. Department of Energy, 19901 Central Avenue, Suite 101, Los [FR Doc. 95–26751 Filed 10–27–95; 8:45 am] Germantown Road, Germantown, MD Alamos, New Mexico, 87544, phone 20874. Mr. Lowe may be contacted by BILLING CODE 4000±01±M (505) 665–2127; calling (301) 903–5161. Idaho Operations Office, Idaho Public SUPPLEMENTARY INFORMATION: The Reading Room, 1776 Science Center DEPARTMENT OF ENERGY proposed medical isotopes production Drive, Idaho Falls, Idaho, 83402, project would establish a production phone (208) 526–0271; Availability of Implementation Plan for capability to ensure a reliable domestic Massachusetts Institute of Technology, the Medical Isotopes Production supply of molybdenum-99 (Mo-99), Nuclear Reactor Laboratory, 138 Project: Molybdenum-99 and Related which decays to form the medical Albany Street, Cambridge, Isotopes Environmental Impact isotope technetium-99m (Tc-99m). The Massachusetts, 02139, phone (617) Statement proposed project would also enable the 253–4202; production of related medical isotopes Georgia Institute of Technology, Price AGENCY: Department of Energy. (iodine-125, iodine-131, and xenon- Gilbert Memorial Library, 225 North ACTION: Notice of availability. 133). Avenue, Atlanta, Georgia, 30332– Tc-99m is an important medical 0900, phone (404) 894–4519; SUMMARY: The Department of Energy isotope, used in more than 30,000 Rhode Island Nuclear Science Center, (DOE) announces the availability of the diagnostic medical procedures each day South Ferry Road, Naragansett, Rhode Implementation Plan for the Medical in the United States. The United States Island, 02882, phone (401) 789–9391; Isotopes Production Project: medical community is reliant upon a and Molybdenum-99 and Related Isotopes single 38 year old reactor in Canada for University of Missouri-Columbia, Ellis Environmental Impact Statement (EIS), its entire supply of Mo-99, from which Library, Columbia, Missouri, 65201, DOE/EIS–0249–IP. Tc-99m is obtained. The Department’s phone (314) 882–0748. DATES: The Department intends to issue near-term goal would be to provide a the Draft Medical Isotopes Production Signed in Washington, D.C., this 10th day backup capability to supply a baseline of October, 1995, for the United States Project EIS for public comment later this production level of 10 to 30 percent of Department of Energy. fall. A 45-day public comment period current United States demand for Mo-99 Ray A. Hunter, will be provided. The Department plans and 100 percent of the United States to hold public hearings on the Draft EIS Deputy Director, Office of Nuclear Energy, demand should the existing Canadian Science and Technology. during the public comment period. The source be unavailable. The baseline [FR Doc. 95–26844 Filed 10–27–95; 8:45 am] public hearings are tentatively production level would serve to scheduled to be held in the following maintain the capabilities of the facilities BILLING CODE 6450±01±P locations: Idaho Falls, Idaho, Oak Ridge, and staff to respond on short notice to Tennessee, Albuquerque, New Mexico, supply the entire United States demand Record of Decision; Savannah River Los Alamos, New Mexico. on an as-needed basis. The Site Waste Management, Savannah The meetings will provide Department’s longer term objective is to River Operations Office, Aiken, SC opportunities for information exchange support private sector production of and discussion as well as for the Mo-99 in the United States. AGENCY: U.S. Department of Energy submittal of written statements or oral The Department is preparing the (DOE). comments. Specific times, dates, and Medical Isotopes Production Project EIS ACTION: Record of decision. locations for the hearings will be to evaluate the environmental impacts announced at a later date. of reasonable alternatives for the SUMMARY: DOE announces its intention ADDRESSES: Requests for copies of the domestic production of Mo-99. The EIS to implement the moderate treatment Medical Isotopes Production Project EIS will also evaluate the required ‘‘no configuration alternative identified in Implementation Plan or other action’’ alternative. Short descriptions the Savannah River Site (SRS) Waste correspondence regarding this of the alternatives to be evaluated in the Management Final Environmental environmental review should be EIS are included in the Implementation Impact Statement (WMEIS). DOE has addressed to: Mr. Wade Carroll, MIPP Plan. evaluated the potential environmental EIS Project Manager, NE–70, U.S. The EIS Implementation Plan has impacts and costs of storing, treating, Department of Energy, 19901 been distributed to appropriate and/or disposing of liquid high-level Germantown Road, Germantown, MD Congressional members and radioactive, low-level radioactive, 20874. Mr. Carroll may be contacted by committees, the States of Idaho, New hazardous, mixed (radioactive and 55250 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices hazardous), and transuranic wastes at Carolina, about 40 kilometers (25 miles) concerning mixed waste management SRS in the WMEIS. southeast of Augusta, Georgia, and options analyzed in the SRS WMEIS DOE plans to use a phased approach about 32 kilometers (20 miles) south of will be made until those negotiations to making decisions on treatment, Aiken, South Carolina. are concluded. The sole exception to storage and disposal facilities identified DOE’s primary mission at SRS from this is the Department’s decision in the moderate treatment configuration the 1950s until the recent end of the concerning the CIF. alternative. This Record of Decision Cold War was the production and DOE prepared an environmental (ROD) identifies decisions regarding processing of nuclear materials to assessment (DOE/EA–0400) and issued continuation of existing activities and support defense programs. The end of a Finding of No Significant Impact current operation of existing facilities, the Cold War has led to a reduction in (Federal Register, December 24, 1992, new waste recycling initiatives, the size of the U.S. nuclear arsenal. 57 FR 61402) for the construction and operation of the Consolidated Many of the facilities used to operation of the CIF to incinerate mixed, Incineration Facility (CIF), low-level manufacture, assemble, and maintain hazardous, and low-level radioactive waste volume reduction activities, and the arsenal are no longer needed. Some wastes. In 1993 DOE decided to the operation of a mobile soil sort of these facilities can be converted to reexamine whether incineration was the facility. After DOE and the State of new uses through decontamination most appropriate method to treat low- South Carolina complete negotiations processes; others must be level radioactive waste. DOE is now under the Federal Facility Compliance decommissioned. Wastes generated deciding to complete construction and Act (FFCAct), DOE will issue additional during the Cold War also must be operate the CIF for hazardous, mixed, RODs on the treatment of mixed low- cleaned up in a safe and cost-effective and low-level radioactive waste. This level radioactive and mixed transuranic manner. In addition, DOE must manage decision concerning mixed waste was waste. wastes that may be generated in the made after consultation with the State of The final SRS WMEIS provides a future in compliance with the South Carolina. baseline for the analysis of future SRS applicable environmental requirements. DOE published a Notice of Intent to DOE estimates that it will manage the waste management needs. DOE will prepare the SRS WMEIS in the Federal following approximate amounts of continue to review its SRS waste Register on April 6, 1994 (59 FR 16494). wastes (expected waste forecast) at SRS management activities at the SRS to The notice announced a public scoping over the next 30 years (1995 to 2024): ensure that those activities are period that ended on May 31, 1994, and 153,000 cubic meters of liquid high- adequately addressed by this EIS, or in solicited comments and suggestions on level radioactive waste; 476,000 cubic the event they are not, that the the scope of the EIS. DOE held scoping meters of low-level radioactive waste; appropriate National Environmental meetings in Savannah, Georgia, and Policy Act (NEPA) reviews are initiated. 435,000 cubic meters of hazardous waste; 230,000 cubic meters of mixed North Augusta and Columbia, South FOR FURTHER INFORMATION CONTACT: For waste; and 23,000 cubic meters of Carolina on May 12, 17, and 19, 1994, further information on Savannah River transuranic waste. respectively. Comments received from Site Waste Management, write or call: DOE analyzed three alternatives, in individuals, organizations, and A. R. Grainger, Environmental addition to the no action alternative, for government agencies during the scoping Compliance Division, SR NEPA minimizing, treating, storing, and/or period were considered in the Compliance Officer, Savannah River disposing of wastes (low-level preparation of the EIS. Operations Office, P.O. Box 5031, radioactive, hazardous, mixed, and On January 27, 1995, the Aiken, South Carolina 29804, Phone/ transuranic) in a manner that would Environmental Protection Agency (EPA) FAX: (800) 242–8269, e-mail: protect human health and the published a Notice of Availability of [email protected]. environment, achieve regulatory DOE’s Draft SRS WMEIS in the Federal For general information on the U.S. compliance, and be cost effective. Register (60 FR 5388). This notice Department of Energy NEPA process, (Alternatives for managing high-level officially started the public comment write or call: Ms. Carol M. Borgstrom, radioactive waste were considered in period on the Draft SRS WMEIS, which Director, Office of NEPA Policy and the Defense Waste Processing Facility DOE extended through March 31, 1995, Assistance (EH–42), U.S. Department of (DWPF) EIS and Supplemental EIS in response to a request from the Energy, 1000 Independence Avenue, (DOE/EIS–0082 and DOE/EIS–0082–S) Savannah River Site’s Citizens Advisory SW., Washington, DC 20580, Telephone: and decisions were announced in the Board. Comments were received by (202) 586–4600, or leave a message at DWPF Records of Decision on June 1, letter, electronic mail, and formal (800) 472–2756. 1982 (47 FR 23801) and April 12, 1995 statements made at 12 public hearings. SUPPLEMENTARY INFORMATION: (60 FR 18589)). Mixed wastes are The hearings (2 sessions each) provided regulated under both the Atomic Energy opportunity for informal discussions Background Act and Resource Conservation and with DOE personnel involved with DOE prepared this Record of Decision Recovery Act (RCRA), as amended by waste management. They were held in pursuant to the regulations of the the FFCAct. The FFCAct requires DOE Barnwell, South Carolina on February Council on Environmental Quality for to prepare a Site Treatment Plan (STP) 21, 1995; Columbia, South Carolina on implementing NEPA (40 CFR Parts that addressses options for treating February 22, 1995; North Augusta, 1500–1508) and DOE’s NEPA mixed wastes currently in storage or South Carolina on February 23, 1995; Implementing Procedures (10 CFR Part that will be generated within the next 5 Savannah, Georgia on February 28, 1021). This Record of Decision is based years at the SRS. The Department 1995; Beaufort, South Carolina on on DOE’s Final WMEIS, Savannah River expects that negotiations with the State March 1, 1995; and Hilton Head, South Site, Aiken, South Carolina (DOE/EIS– of South Carolina under the FFCAct will Carolina on March 2, 1995. 0217). DOE’s SRS occupies not be completed until later this year. DOE considered comments it received approximately 800 square kilometers Because these negotiations are an on the Draft WMEIS from agencies, (300 square miles) adjacent to the essential part of DOE’s decision making organizations, and individuals in Savannah River, principally in Aiken process regarding mixed waste and preparing the Final WMEIS. EPA and Barnwell counties of South mixed transuranic waste, no decision published a Notice of Availability of the Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55251
Final WMEIS in the Federal Register on Limited Treatment Configuration incineration as part of a low-level July 28, 1995 (60 FR 38817). Alternative radioactive waste offsite volume DOE received three letters after This alternative consists of the siting, reduction initiative. Under this alternative, the volume of issuance of the Final WMEIS. The South construction, and operation of facilities low-level radioactive and mixed wastes Carolina Department of Transportation and the implementation of management to be disposed of would be less than stated that it had no comments on the techniques that would reduce impacts under both the limited and extensive project. The Centers for Disease Control, from treatment processes while treatment alternatives. The moderate on behalf of the U. S. Public Health complying fully with existing waste treatment configuration would provide Service, and the U.S. Environmental management requirements. For each the highest degree of compatibility with Protection Agency, Region 4, stated that waste type, however, the treatment the preferred treatments for mixed the Final EIS adequately addressed their under this alternative would be the wastes described in the STP that was comments on the Draft EIS. The U. S. minimum needed to meet applicable Environmental Protection Agency, prepared and submitted to the State of standards and allow prompt storage South Carolina under the FFCAct however, stated that it would have and/or disposal. The limited treatment preferred that the Final EIS not process, and would use to the maximum processes under this alternative would extent practicable existing facilities or characterize the Agency’s comments as produce a waste form suitable for endorsing Department of Energy actions. facilities that are proposed for operation disposal, but not one that had in the near future (i.e., the CIF). The Agency noted that it does commend undergone the most vigorous volume DOE for its efforts to develop a strategy reduction or stabilization treatment Extensive Treatment Configuration for long-term waste management at SRS available. The volume of low-level Alternative using the NEPA process, and will radioactive wastes to be disposed of This alternative consists of the siting, continue to work with DOE to ensure would be greater than under the construction, and operation of facilities that waste management activities moderate and extensive treatment and the implementation of management protect human health and the configuration alternatives, the volume of techniques that would minimize environment, comply with applicable mixed waste to be disposed of would be environmental impacts from storage and environmental requirements, and greater than under the moderate disposal by extensive treatment of waste minimize waste generation. treatment configuration alternative but to reduce its toxicity and to create Alternatives Considered less than under the extensive treatment stable, migration-resistant waste forms. configuration alternative, and the Under this alternative, the volume of The three treatment configuration potential for impacts in the future from low-level radioactive waste to be alternatives considered in this EIS storage and disposal would be greater disposed of would be less than under (limited, moderate and extensive) than under the other action alternatives. the limited treatment alternative, but addressed treatment, storage and Short-term impacts associated with more than under the moderate treatment disposal facilities using three potential treating waste generally would be less alternative. The volume of mixed waste waste volume forecasts. The minimum than under the more extensive treatment to be disposed of would be greater than waste volume forecast included current alternatives. under either of the other action inventories and current waste receipts alternatives. The extensive treatment Moderate Treatment Configuration from offsite, and projections of the alternative would, however, be more Alternative waste that would be generated as a likely than other alternatives to increase result of reasonable lower-bound This alternative consists of the siting, the short-term impacts due to the estimates of ongoing site operations and construction, and operation of facilities construction of additional treatment environmental restoration and and the implementation of management facilities and increased exposure to decontamination and decommissioning techniques that would provide a emissions that would result from more activities. The maximum waste volume balanced mix of technologies that extensive treatment and increased forecast included current inventories includes extensive treatment of those handling. and current waste receipts from offsite, waste types that have the greatest additional wastes that might be received potential to adversely affect the public No-Action Alternative from offsite based on decisions resulting or the environment because of their As required by NEPA, DOE also from the FFCAct process and ongoing mobility or toxicity if left untreated considered potential impacts if the DOE NEPA reviews; and projections of (such as wastes containing plutonium- Department were to take ‘‘no action’’ the waste that would be generated as a 238), or that would remain highly other than to continue its current waste result of reasonable upper-bound radioactive far into the future (such as management practices (including estimates of ongoing site operations and waste containing transuranic elements). building additional facilities to store environmental restoration and This alternative would provide less newly generated waste, as has been decontamination and decommissioning rigorous treatment than the extensive done in the past) and vitrify high-level activities. The expected waste volume treatment configuration alternative of waste in the DWPF as discussed above. forecast included current inventories wastes that do not pose high potential Under this alternative the Department and current waste receipts from offsite, for harm to humans or the environment, would continue current practices for additional wastes that might be received or that will not remain highly storage and treatment of liquid high- from offsite based on decisions resulting radioactive far into the future (such as level radioactive, for storage of mixed from the FFCAct process and ongoing non-alpha low-level radioactive waste). and transuranic waste; for treatment, DOE NEPA reviews, and DOE’s current Under this alternative, the volume of storage, and disposal of low-level estimates of the waste volumes low-level radioactive waste would be radioactive waste; and for offsite anticipated to result from continuing reduced by onsite compactors and some treatment and disposal of hazardous site operations, environmental of the low-level radioactive waste would waste. Under this alternative, restoration of existing waste sites, and then be sent offsite for transuranic and mixed wastes would decontamination and decommissioning supercompaction, size reduction (e.g., remain untreated and in storage, in a of surplus facilities. sorting, shredding, melting), and state not suitable for disposal. Were 55252 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
DOE to take no action, it would not be and up to 50% of organic and inorganic * Continue disposal of naval in a position to comply with some heterogeneous debris, in the CIF. hardware in shallow land disposal regulatory requirements and compliance * Continue offsite treatment and trenches. agreements. disposal for wastes such as Mixed Wastes polychlorinated biphenyls, organic Environmentally Preferrable * Treat small quantities of mixed debris, inorganic debris, heterogeneous Alternative polychlorinated biphenyl (PCB) wastes debris, metal debris, bulk equipment, offsite. Return treatment residuals to In DOE’s judgment the extensive glass debris, soils, and lead. SRS for disposal. treatment alternative is environmentally * Continue to treat some aqueous * Operate the CIF for mixed preferrable because it would minimize liquids in the M-Area air stripper. heterogeneous debris, inorganic debris, potential long-term environmental * Continue to recycle some organic debris, DWPF benzene, organic impacts as a result of achieving more hazardous wastes, including solvents, liquid, radioactive oil, PUREX solvent, stable, migration-resistant waste forms. fluorocarbons, lead, silver (from spent paint waste, and aqueous liquids. DOE recognizes, however, that this photographic fixatives), and sell excess * Store tritiated oil to allow time for treatment alternative would result in chemicals and lead/acid batteries. radioactive decay. greater short-term impacts to workers. * Recycle mixed waste, including Low-Level Radioactive Waste radioactively contaminated lead and Decision cadmium-coated HEPA filter frames, in * Operate the CIF for volume an offsite facility. Return treatment Determination reduction of some low-activity job- residuals to SRS for shallow land control waste and some tritiated job- DOE announces its intention to disposal. configure its waste management system control waste. Transuranic and Alpha Low-Level according to the moderate treatment * Treat some low-activity job-control Radioactive Waste alternative. Pursuant to 10 CFR wastes and some low-activity 1021.315, DOE may revise this ROD at equipment offsite (about 40% of the * Return Rocky Flats Incinerator ash any time, so long as the revised decision low-level radioactive waste in the to the Rocky Flats Site for consolidation is adequately supported by existing expected waste forecast). About 60% of and treatment with similar wastes at reviews prepared in accordance with the waste sent offsite would be that facility. * Dispose of alpha low-level waste in NEPA. Upon issuance of a ROD for the supercompacted, and the remainder low-activity waste vaults. DOE Waste Management Programmatic reduced in size by sorting, shredding, or EIS (DOE/EIS–0200, draft issued for melting, and repackaged. The treated Reasons for Determination public review September 22, 1995), this waste would be returned to SRS for DOE selected the moderate treatment ROD will be reviewed to evaluate further treatment in the CIF or for configuration for SRS because the whether there is consistency with disposal in the low-activity waste vaults Department believes that alternative decisions reached on broader or in shallow land disposal trenches. will provide more than adequate programmatic issues or whether a About 10% of the waste treated offsite protection of human health and the revised ROD or supplemental EIS for would be incinerated when CIF is not environment, and will be consistent SRS waste management is needed to operating, and the treatment residuals with expected budgetary limitations. maintain consistency. Accordingly, DOE would be returned to SRS. (Paragraph Specifically, DOE bases its choice of the has decided to initiate the following 2.6.3.1, Low-Level Waste—Expected moderate treatment configuration actions and activities included in the Waste Forecast, of the WMEIS) alternative for SRS on factors listed moderate treatment configuration * Send uncompacted low-level waste below, including potential alternative. (currently stored in the low-activity environmental impacts and regulatory * Continue activities to manage waste waste vaults) to an offsite incinerator commitments. at SRS, including construction of until CIF is operable. * In the moderate treatment additional storage capacity for mixed * Dispose of stabilized ash and configuration alternative, the CIF would transuranic, and low-level radioactive blowdown from incineration in the low treat hazardous, mixed, and low-level alpha wastes. activity waste disposal vaults or shallow waste for its entire project life land disposal trenches. (approximately 30 years), which is the High-Level Waste * Operate a mobile low-level waste most cost-effective use of the facility. * Continue to store liquid high-level soil sort facility for treatment of low- CIF also provides the ‘‘regulatory waste in storage tanks. activity soils and suspect soils. specified treatment’’ for certain waste * Operate the newly constructed New (Paragraph 2.6.1.1, Pollution streams and is the Best Demonstrated Waste Transfer Facility, continue to Prevention/Waste Minimization— Available Technolgy (BDAT) for other construct and operate the Replacement Expected Waste Forecast, of the WMEIS) waste streams. In contrast, under the High-Level Waste Evaporator, and * Decontaminate and recycle some limited treatment configuration operate waste removal equipment. low-activity equipment waste (metal) in alternative, the CIF would treat These facilities will transfer waste from an offsite smelter. Treatment residuals hazardous and mixed waste only, which the high-level waste storage tanks to the would be returned to SRS for shallow would not be cost-effective. Similarly, Defense Waste Processing Facility for land disposal. (Paragraph 2.2.1.4, Waste under the extensive treatment treatment (vitrification) when the Minimization Practices and Initiatives, configuration alternative, operation of facility becomes operational. and 2.6.1.1, Pollution Prevention/Waste the CIF would be discontinued after Minimization—Expected Waste approximately 10 years when the non- Hazardous Waste Forecast, of the WMEIS) alpha vitrification facility became * Continue to treat and dispose of * Continue vault disposal of offsite operational. The potential hazardous waste offsite until the CIF is job-control waste, tritiated soils, some environmental impacts from operating operational, then treat wastes, including tritiated job-control waste, tritiated the CIF under the moderate treatment filters, paint waste, organic and aqueous equipment, and intermediate-activity configuration alternative would be very liquids, organics and inorganic sludges, job-control waste. small. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55253
* Mixed waste treatment technology treatment capacity and compatibility would result in lower emissions and under the moderate treatment with onsite technologies used to manage smaller radiological air impacts to configuration alternative is consistent mixed waste. This alternative provides workers and the public than would with the Site Treatment Plan, which is the most extensive utilization of existing occur under the extensive treatment currently being negotiated with the onsite facilities, supplemented by use of configuration alternative. Under both State of South Carolina, and existing offsite treatment and disposal options. alternatives, however, the impacts commitments under the Federal Facility The extensive treatment configuration would be very small and the difference Compliance Agreement regarding land alternative would call for new facilities would be insignificant. (For example, disposal restrictions, which are being (i.e., non-alpha vitrification) for the maximally exposed offsite discussed with the EPA. The moderate treatment of hazardous waste while the individual’s probability of a fatal cancer treatment configuration alternative limited treatment configuration probability is estimated to be 1.7 × 10¥8 includes the same technologies as alternative would rely on offsite for the moderate treatment configuration identified as the preferred treatment in treatment and disposal of hazardous alternative and 9.0 × 10¥8 for the the proposed STP. In contrast, the waste. extensive treatment configuration limited and extensive treatment * The moderate treatment alternatives.) configuration alternatives are not configuration alternative provides the * The moderate treatment consistent with the STP submitted to best volume reduction for low-activity configuration alternative life cycle cost the State of South Carolina because both waste (75 percent reduction in the ($6.9 billion) is higher than the alternatives include vitrification for moderate treatment alternative extensive treatment configuration some wastes for which incineration is compared to 22 percent for the limted alternative ($5.6 billion). However, the the BDAT. The limited and extensive treatment configuration alternative and extensive treatment configuration treatment configuration alternatives are 70 percent for extensive treatment alternative would require greater also inconsistent with costs and configuration), and thus conserves space expenditures in the near term, and technologies specified in the STP, and in low-activity waste vaults, requires the would be difficult for DOE to fund. lowest number of low-activity waste schedules that are currently under Environmental Impacts negotiation with the State of South vaults, and thus avoids expenditures of Carolina. land and money. In eight resource categories * In the moderate treatment * The moderate treatment (socioeconomic, groundwater, surface configuration alternative, transuranic configuration alternative results in the water, air, traffic, transportation, waste technology is consistent with the smallest number of additional occupational health and public health) ‘‘planning-basis’’ Waste Isolation Pilot transuranic and alpha waste storage the difference among the total impacts Plant (WIPP) waste acceptance criteria. pads (10 compared to 12 and 11 for from any one alternative as compared to Treatment (vitrification) is provided limited and extensive treatment any other would be indistinguishable. only for those transuranic wastes that do alternatives, respectively). It also results Nevertheless, the no action alternative not conform to the applicable shipping in the smallest number of disposal would not allow DOE to comply with all requirements (i.e., plutonium-238). All facilities (low activity waste vaults, applicable requirements, and is other SRS transuranic wastes are shallow land disposal trenches, and therefore unacceptable. expected to meet the WIPP waste RCRA-permitted vaults). The total For the expected waste forecast, the acceptance criteria after repackaging number of these disposal facilities are greatest differences among alternatives and characterization/certification. DOE 85 for the moderate treatment are in potential land use and potential believes this to be the most realistic configuration alternative, compared to impacts on ecological resources. The situation with respect to the operation 151 under the limited treatment moderate and extensive treatment of WIPP and the National TRU Program, alternative, and 167 under the extensive configuration alternatives would require which is currently being developed. The treatment configuration alternative. the most additional land. These extensive treatment configuration * The moderate treatment configurations would also require the alternative would use vitrification for configuration alternative results in the most acres to be cleared. All of the both transuranic and alpha waste and least construction-related air emissions. additional land that would be needed is would require a larger and more The largest percentage increase over included within the current boundary of expensive vitrification facility. The current emissions would be from carbon the area at the SRS that has been limited treatment configuration monoxide (existing sources at 171 designated for waste management alternative does not include a micrograms per cubic meter, compared activities in future land use plans. In vitrification facility. It assumes that to the 1-hr standard of 40,000 proposing sites for the waste WIPP will receive a no-migration micrograms per cubic meter) at 673 management facilities, every effort was variance from the EPA, and that the micrograms per cubic meter for the made to efficiently use the available transuranic waste transportation moderate treatment configuration land in E-Area, the current SRS waste containers will be developed to allow alternative. This compares to 769 and management area. Land development Pu-238 waste to be safely transported to 737 micrograms per cubic meter for the plans have considered the change in WIPP. Thus, all SRS transuranic waste limited and extensive treatment demand for waste management facilities would be disposed of at WIPP without configuration alternatives, respectively. over the 30 year period considered in additional treatment under the limited The diffferences between these the EIS. For example, mixed waste treatment configuration alternative. increases would be insignificant. storage buildings and transuranic and Both of these assumptions rely on * The moderate treatment alpha waste storage pads required developments that have not yet configuration alternative employs less during the period while treatment occuurred. Therefore, this alternative is thermal treatment than the extensive capacity is being developed would be more speculative that the moderate treatment configuration alternative, converted to long term use as long-lived treatment configuration alternative. under which a greater volume of waste waste storage buildings. In other * In the moderate treatment would undergo thermal treatment instances, the buildings or pads would alternative, hazardous wastes are treated through vitrification. The moderate be removed and the land used as the onsite subject to availability of onsite treatment configuration alternative location for new facilities. 55254 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
DOE has conducted a survey of the discuss the environmental impacts of Intent, the Commission requests public forested lands within the SRS waste the construction and operation of the comments on the scope of the issues it management area and determined that facilities proposed in the Springfield will address in the EA. All comments there are no threatened or endangered Loop Project.1 This EA will be used by received are considered during the species or critical habitats on this land. the Commission in its decision-making preparation of the EA. State and local The U.S. Fish and Wildlife Service and process to determine whether an government representatives are the National Marine Fisheries Service environmental impact statement is encouraged to notify their constituents have concurred in DOE’s determination. necessary and whether to approve the of this proposed action and encourage them to comment on their areas of Mitigation project. concern. Based upon the above discussion, Summary of the Proposed Project The EA will discuss impacts that DOE believes that all practicable means Williams Natural Gas Company could occur as a result of the to avoid or minimize environmental (Williams) wants to extend its construction and operation of the harm from the moderate treatment Springfield loop line by constructing proposed project under these general alternative have already been adopted. about 28.2 miles of 20-inch-diameter headings: DOE believes that all appropriate pipeline in Newton, Lawrence, and • Geology and soils mitigation measures are included in the Christian Counties, Missouri. • Water resources, fisheries, and moderate treatment alternative. Williams’ wants to complete wetlands There are 12 archaeological sites construction of this project prior to • Vegetation and wildlife • within the SRS waste management November 1, 1996. Endangered and threatened species facility boundary that may be eligible • Public safety The general location of the project • for listing in the National Register of 2 Land use facilities is shown in appendix 1. • Historic Places. Potential impacts to Cultural resources Land Requirements for Construction • Air quality and noise these sites will be achieved by avoiding • them, if possible. If avoidance is not Construction of the proposed facilities Hazardous waste We will also evaluate possible possible, there will be an archaeological would disturb about 342 acres of land. alternatives to the proposed project or excavation of the sites before any land Most of the proposed 100-foot-wide portions of the project, and make clearing begins. Mitigation will be pipeline construction right-of-way recommendations on how to lessen or conducted in consultation with the (ROW) would overlap the ROW of avoid impacts on the various resource South Carolina State Historic Williams’ existing 16-inch-diameter areas. Preservation Office. pipeline ROW by 41 feet as the new Our independent analysis of the Conclusion pipeline would be installed with a 25- issues will be in the EA. Depending on foot offset from the existing 16-inch- the comments received during the DOE has determined that the most diameter pipeline. However, in order to appropriate method of managing low- scoping process, the EA may be avoid housing, landforms, and published and mailed to Federal, state, level radioactive, hazardous, mixed, and development, Williams would construct transuranic wastes at SRS, considering and local agencies, public interest 13 segments totalling about 2.8 miles groups, interested individuals, affected all relevant factors, is to implement the with an offset from the existing 16-inch- moderate treatment configuration landowners, newspapers, libraries, and diameter pipeline that is greater than 25 the Commission’s official service list for alternative. These factors include feet. About 216 acres of undisturbed beneficial and adverse environmental this proceeding. A comment period will land and 126 acres of previously be allotted for review if the EA is impacts, monetary costs, and regulatory disturbed land would be affected by commitments. published. We will consider all construction of this project. comments on the EA before we Issued in Washington, DC, on September recommend that the Commission 22, 1995. The EA Process approve or not approve the project. Richard J. Guimond, The National Environmental Policy Assistant Surgeon General, USPHS, Principal Act (NEPA) requires the Commission to Currently Identified Environmental Deputy Assistant Secretary, for take into account the environmental Issues Environmental Management. impacts that could result from an action We have already identified issues that [FR Doc. 95–26845 Filed 10–27–95; 8:45 am] whenever it considers the issuance of a we think deserve attention based on a BILLING CODE 6450±01±P Certificate of Public Convenience and preliminary review of the proposed Necessity. NEPA also requires us to facilities and the environmental discover and address concerns the information provided by Williams: Federal Energy Regulatory public may have about proposals. We • The proposed project would require Commission call this ‘‘scoping.’’ The main goal of the a 100-foot-wide ROW. scoping process is to focus the analysis • [Docket No. CP95±700±000] The proposed project would cross in the EA on the important one perennial stream that is greater than Williams Natural Gas Company; Notice environmental issues. By this Notice of 100 feet in width. of Intent To Prepare an Environmental • The Springfield Loop Project may Assessment for the Proposed 1 Williams Natural Gas Company’s application affect about 12 wetlands in the project was filed with the Commission under Section 7 of area. Springfield Loop Project and Request the Natural Gas Act and Part 157 of the for Comments on Environmental Commission’s regulations. Keep in mind that these are Issues 2 The appendices referenced in this notice are not preliminary issues. Issues may be being printed in the Federal Register. Copies are added, subtracted, or changed based on October 24, 1995. available from the Commission’s Public Reference your comments and our analysis. The staff of the Federal Energy and Files Maintenance Branch, Room 3104, 941 North Capitol Street, NW., Washington, DC 20426, Public Participation Regulatory Commission (FERC or or call (202) 208–1371. Copies of the appendices Commission) will prepare an were sent to all those receiving this notice in the You can make a difference by sending environmental assessment (EA) that will mail. a letter addressing you specific Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55255 comments or concerns about the project. [Docket No. ES93±43±007] must file a motion to intervene. Copies You should focus on the potential of this filing are on file with the environmental effects of the proposal, Citizens Utilities Company; Notice of Commission and are available for public Amended Application alternatives to the proposal (including inspection. alternative routes), and measures to October 24, 1995. Lois D. Cashell, avoid or lessen environmental impact. Take notice that on October 20, 1995, Secretary. The more specific your comments, the Citizens Utilities Company (Citizens [FR Doc. 95–26795 Filed 10–27–95; 8:45 am] more useful they will be. Please follow Utilities) filed an amendment to its BILLING CODE 6717±01±M the instructions below to ensure that application in Docket No. ES93–43–000 your comments are received and et al. [Docket No. ES85±5±002] properly recorded: By letter orders dated September 7, • Address you letter to: Lois Cashell, 1993 (64 FERC ¶ 62,167) and November El Paso Electric Company; Notice of Secretary, Federal Energy Regulatory 2, 1993 (65 FERC ¶ 62,111), Citizens Amended Application Commission, 825 North Capitol St., NE. Utilities was authorized, in Docket No. ES93–43–000 et al. to issue not more October 24, 1995. Washington, DC 20426; than: Take notice that on October 20, 1995, • Reference Docket No. CP95–700– (a) $1.25 billion principal amount of El Paso Electric Company (El Paso) 000; unsecured promissory notes outstanding at made a filing requesting that the • Send a copy of your letter to: Ms. any one time; Commission amend the authorization Jennifer Goggin, EA Project Manager, (b) $750 million aggregate principal granted in Docket No. ES85–5–000. Federal Energy Regulatory Commission, amount of longer term debt securities with a By letter order dated November 27, final maturity or maturities of not less than 1984 (29 FERC ¶ 62,270), El Paso was 825 North Capitol St., NE, Room 7312, 9 months nor more than 50 years; and Washington, DC 20426; and authorized: (c) 25 million shares of Common Stock of (A) To assume liability for the • Mail your comments so that they Citizens Utilities (subject to adjustment for payment of not more than $150 million stock splits, stock dividends, will be received in Washington, DC on of pollution control refunding bonds or before November 24, 1995. recapitalizations and similar changes after the date of the application, including an (PCRB) to be issued by the Maricopa If you wish to receive a copy of the adjustment to 50 million shares of common County, Arizona Pollution Control EA, you should request one from Ms. stock as a result of an announced 2 for 1 Corporation (the ‘‘Authority’’) for the Goggin at the above address. stock split) and $300 million liquidation purpose of financing the costs to El Paso value of preferred stock of Citizens Utilities, of the acquisition and construction of Becoming an Intervenor subject to an overall limitation of $500 pollution control facilities at the Palo million for the aggregate of the proceeds of Verde Nuclear Generating Station in In addition to involvement in the EA the issuance of Common and Preferred Stock. Maricopa, Arizona, including the scoping process, you may want to The aggregate amount outstanding at refunding of outstanding short-term become an official party to the any one time of the securities issued pollution control bonds theretofore proceeding or become an ‘‘intervenor’’. under (a), (b) and (c) was limited to issued on behalf of El Paso by the Among other things, intervenors have $1.25 billion. Authority; the right to receive copies of case- Citizens Utilities requests that the (B) To issue second mortgage bonds in related Commission documents and authorization granted in Docket No. principal amount equal to the principal filings by other intervenors. Likewise, ES93–43–000 et al. be amended to amount of pollution control bonds to be each intervenor must provide copies of authorize Citizens to issue up to $800 issued by the Authority, such second its filings to all other parties. If you million of debt securities in lieu of $750 mortgage bonds to be issued as want to become an intervenor you must million without changing the aggregate collateral security for El Paso’s file a motion to intervene according to $1.25 billion authorization. obligation of payment of such pollution Rule 214 of the Commission’s Rules of Citizens requests the amendment control bonds; and Practice and Procedure (18 CFR because it does not have sufficient (C) To take all such action and 385.214) (see appendix 2). unused borrowing authority to issue up execute and deliver all such to $213 million of convertible The date for filing timely motions to instruments, documents, agreements debentures for which authorization is and indentures as shall be necessary or intervene has passed. Parties seeking to pending before the Commission in appropriate in order to consummate the file later interventions must show good Docket No. ES93–43–006. financing. cause, as required by section Any person desiring to be heard or to In original application contemplated 385.214(b)(3), why this time limitation protest said filing should file a motion that, as a condition to the issuance and should be waived. Environmental issues to intervene or protest with the Federal sale of the PCRBs, a national banking have been viewed as good cause for later Energy Regulatory Commission, 825 association would be required to issue intervention. You do not need North Capitol Street, NE., Washington, and deliver to the Trustee of the PCRBs, intervenor status to have your scoping DC 20426 in accordance with Rules 211 an irrevocable letter of credit as a comments considered. and 214 of the Commission’s Rules of financial support facility for El Paso’s Additional information about the Practice and Procedure (18 CFR 385.211 payment obligation under the PCRBs. proposed project is available from Ms. and 385.214). All such motions or Pursuant to the Commission’s Order, Jennifer Goggin, EA Project Manager, at protests should be filed on or before Credit Suisse issued a letter of credit in (202) 208–2226. October 31, 1995. Protests will be support of the issuance of $37,100,000 considered by the Commission in Lois D. Cashell, of the PCRBs. The letter of credit is due determining the appropriate action to be to expire on December 21, 1995. Secretary. taken, but will not serve to make the In its October 20, 1995 amendment, El [FR Doc. 95–26784 Filed 10–27–95; 8:45 am] protestants parties to the proceeding. Paso requests authorization to enter into BILLING CODE 6717±01±M Any person wishing to become a party extensions of the existing letter of credit 55256 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices issued by Credit Suisse, or to enter into the fuel savings resulting from the roll- Executive Order No. 10485 (as amended replacement letters of credit with the in of the expansion facilities. by Executive Order No. 12038 and same or different financial institutions, Great Lakes also noted in its filing Secretary of Energy Delegation Order through the remaining term of the that the maximum Transporter’s Use No. 0204–112), to amend its Presidential Maricopa County Pollution Control percentages set out in the tariff sheets Permit, and in Docket No. CP96–26– Revenue Refunding Bonds, 1985 Series are not the percentages actually used for 000, for authorization under Section 3 of E ($37,100,000 principal amount), and determining the monthly requirements the Natural Gas Act to construct, to undertake any necessary and of its shippers. The actual Transporter’s connect, operate, and maintain 1,500 appropriate action in connection with Use percentage required to be provided feet of 36-inch loop pipeline at the U.S.- any such extensions or replacements for by the shippers is determined in Canadian international boundary the letter of credit. El Paso also requests accordance with the percentages posted adjacent to St. Clair County, Michigan, that the amendment be exempted from on the electronic bulletin board every at an approximate cost of $3.9 million, the Commission’s competitive bidding month in accordance with Section 4.3 of all as more fully set forth in the and negotiated placement requirements. the General Terms and Conditions. application that is on file with the Any person desiring to be heard or to These amounts are within the maximum Commission and open to public protest said filing should file a motion and minimum shown on the tariff inspection. to intervene or protest with the Federal sheets, thus no adjustment to the tariff Great Lakes’ loop pipeline is proposed Energy Regulatory Commission, 825 sheet maximum percentages is required to begin at its milepost 972.92 and North Capitol Street, NE., Washington, to roll-in these savings. terminate at the U.S.-Canadian DC 20426 in accordance with Rules 211 Great Lakes states that a copy of the international boundary, at the midpoint and 214 of the Commission’s Rules of filing and attached workpapers were of the St. Clair River, where Great Lakes’ Practice and Procedure (18 CFR 385.211 served on all parties on the Official loop pipeline will interconnect with and 385.214). All such motions or Service List maintained by the Secretary facilities to be owned and operated by protests should be filed on or before in these proceedings. TransCanada Pipeline Limited October 31, 1995. Protests will be All parties to the proceedings in (TransCanada). Great Lakes also considered by the Commission in Docket No. RP95–422–000, et al. are proposes a November 1, 1996 in-service determining the appropriate action to be automatically parties to this proceeding. date for its proposed loop pipeline. taken, but will not serve to make the Any other person desiring to be heard Great Lakes states that the proposed protestants parties to the proceeding. or to make any protest with reference to facilities will be used to provide 50,000 Any person wishing to become a party said filing should file a petition to Mcf/day of winter firm transportation must file a motion to intervene. Copies intervene or protest with the Federal service for TransCanada, pursuant to of this filing are on file with the Energy Regulatory Commission, 825 Great Lakes’ Rate Schedule FT. Great Commission and are available for public North Capitol Street, NE., Washington, Lakes further states that its proposed inspection. DC 20426, in accordance with Sections facilities, along with the additional facilities TransCanada will build on its Lois D. Cashell, 211 and 214 of the Commission’s Rules of Practice and Procedure, 18 CFR own system, will provide TransCanada Secretary. with additional reliability and security [FR Doc. 95–26796 Filed 10–27–95; 8:45 am] 385.211 and 385.214. All such petitions or protests should be filed on or before for its existing facilities crossing the St. BILLING CODE 6717±01±M Clair River. November 1, 1995. Protests will be Any person desiring to be heard, or to considered by the Commission in [Docket No. RP95±422±001] make any protest with reference to said determining the appropriate action to be application should, on or before taken, but will not serve to make Great Lakes Gas Transmission Limited November 14, 1995, file with the protestants parties to this proceeding. Federal Energy Regulatory Commission, Partnership; Notice of Transporter's Any persons wishing to become a party Use Compliance Filing Washington, DC, 20426, a motion to must file a petition to intervene. Copies intervene or protest in accordance with October 24, 1995. of this filing are on file and available for the requirements of the Commission’s Take notice that on September 21, public inspection in the public Rules of Practice and Procedure (18 CFR 1995, Great Lakes Gas Transmission inspection room. Pursuant to Rule 602. 385.214 or § 385.211) and the Limited Partnership (Great Lakes), filed Lois D. Cashell, regulations under the Natural Gas Act with the Federal Energy Regulatory Secretary. (18 CFR 157.10). All protests filed with Commission (Commission) an original [FR Doc. 95–26798 Filed 10–27–95; 8:45 am] the Commission will be considered by and six copies of its detailed BILLING CODE 6717±01±M it in determining the appropriate action workpapers supporting its monthly to be taken, but will not serve to make Transporter’s Use percentage for the protestants parties to the October, 1995, in compliance with the [Docket Nos. CP66±111±003 and CP96±26± 000] proceeding. Any person wishing to Commission’s September 15, 1995, become a party to the proceeding, or to Order on Compliance Filing in Docket Great Lakes Gas Transmission Limited participate as a party in any hearing No. RP95–422–000. Partnership; Notice of Application therein, must file a motion to intervene Great Lakes stated in its filing that the in accordance with the Commission’s rolling-in of the Transporter’s Use October 24, 1995. Rules. requirements of incremental shippers Take notice that, on October 17, 1995, Take further notice that, pursuant to with that of the non-incremental Great Lakes Gas Transmission Limited the authority contained in and subject to shippers did result in a substantial net Partnership (Great Lakes), One the jurisdiction conferred upon the reduction in the Transporter’s Use Woodward Avenue, Suite 1600, Detroit, Federal Energy Regulatory Commission requirements for non-incremental Michigan 48226, filed an application in by Sections 3 and 15 of the Natural Gas shippers. Great Lakes stated that the Docket No. CP66–111–003, pursuant to Act and the Commission’s Rules of workpapers show that for the month of § 153.10 through § 153.12 of the Practice and Procedure, a hearing will October, 1995, Great Lakes did reflect Commission’s Regulations and be held without further notice before the Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55257
Commission or its designee on this Thursday, November 16, 1995 Office of Fossil Energy application, if no motion to intervene is 1:30 p.m. Welcome and opening remarks, [FE Dockets PP±45±2 and PP±63±4] filed within the time required herein, or Approval of Minutes. if the Commission on its own review of 1:45 p.m. Retirement of the National Applications To Amend Presidential the matter finds that a grant of the Institute of Environmental Health Permits Northern States Power certificate is required by the public Service (NIEHS) Project Manager. Company convenience and necessity. If a motion 2:00 p.m. Health Effects Research Progress for leave to intervene is timely filed, or and Plans. AGENCY: Office of Fossil Energy, the Commission on its own motion 2:30 p.m. Evaluation of Research Progress Department of Energy. believes that a formal hearing is for the Research and Public Information ACTION: Notice of application. Dissemination (RAPID) Program Grants. required, further notice of such hearing 3:00 p.m. Committee Questions and will be duly given. SUMMARY: Northern States Power Discussion. Company (NSP) has applied for Under the procedure herein provided 3:30 p.m. Break. amendment of two Presidential permits for, unless otherwise advised, it will be 3:45 p.m. Risk Assessment Process and in order to increase the permitted unnecessary for Great Lakes to appear or Workshops. capacity of the electric transmission be represented at the hearing. 4:15 p.m. EMF Hotline. facilities located at the U.S. border with Lois D. Cashell, 4:30 p.m. Engineering Research, Progress Canada. and Plans. Secretary. DATES: Comments, protests or requests [FR Doc. 95–26797 Filed 10–27–95; 8:45 am] 5:00 p.m. Committee Questions and Discussion. to intervene must be submitted on or BILLING CODE 6717±01±M 5:30 p.m. Adjourn. before November 29, 1995. ADDRESSES: Comments, protests or Friday, November 17, 1993 requests to intervene should be Office of Energy Efficiency and 9:00 a.m. Funding Situation and addressed as follows: Office of Coal & Renewable Energy Contributions for FY 1996. Electricity (FE–52), Office of Fuels 9:20 a.m. Exposure Parameters and Dose/ Programs, Office of Fossil Energy, The National Electric and Magnetic Effect Considerations. Fields Advisory Committee Meeting Department of Energy, 1000 9:40 a.m. Interagency Progress Report. Independence Avenue, SW, 10:30 a.m. Break. AGENCY: Office of Energy Efficiency and Washington, DC 20585–0350. 10:45 a.m. Advisory Committee Discussion. Renewable Energy, Department of FOR FURTHER INFORMATION CONTACT: 11:30 a.m. Open time for public comments. Energy. 12:30 p.m. Adjourn. Loren Farrar (Program Office) 301–903– ACTION: Notice of open meeting. 2338 or Michael Skinker (Program A final agenda will be available at the Attorney) 202–586–6667. meeting. SUPPLEMENTARY INFORMATION: SUMMARY: Pursuant to the provisions of Public Participation: The meeting is open The the Federal Advisory Committee Act, to the public. Written statements may be filed construction, connection, operation, and notice is hereby given of a meeting of with the Committee either before or after the maintenance of facilities at the the National Electric and Magnetic meeting. Members of the public who wish to international border of the United States Fields Advisory Committee. make oral statements pertaining to agenda for the transmission of electrical energy is prohibited in the absence of a DATES: November 16–17, 1995. items should contact Roland George at the address or telephone number listed above. Presidential permit pursuant to ADDRESS: Palm Springs Hilton Hotel, Requests must be received 5 days prior to the Executive Order No. 12038. Exports of Palm Springs, California. meeting and reasonable provision will be electricity from the United States to a FOR FURTHER INFORMATION CONTACT: made to include the presentation on the foreign country are also regulated and Roland George, Program Manager, agenda. Depending on the number of require authorization under section Utility Systems Division, EE–141, 1000 requests, comments may be limited to five 202(e) of the Federal Power Act. Independence Avenue, SW., minutes. The Designated Federal Officer is On September 20, 1995, NSP filed Washington, DC 20585–0121, (202) 586– empowered to conduct the meeting in a applications with the Office of Fossil 9398. fashion that will facilitate the orderly Energy (FE) of the Department of Energy conduct of business. (DOE) to amend Presidential Permits SUPPLEMENTARY INFORMATION: Purpose of Minutes: A transcript and minutes of this PP–45–1 and PP–63–3. NSP has the Committee: The National Electric meeting will be available for public review requested that the limits for operating and Magnetic Fields Advisory and copying at the Public Reading Room, 1E– the permitted facilities in the import Committee advises the Department of 190, Forrestal Building, 1000 Independence mode be increased consistent with the Energy and the National Institute of Avenue, SW., Washington DC 20585 between latest Mid-Continent Area Power Pool Environmental Health Sciences on the 9:00 a.m. and 4:00 p.m., Monday through design reliability analysis. design and implementation of a five- Friday except on Federal holidays. Copies of PROCEDURAL MATTERS: Any person year, national electric and magnetic the minutes will also be available by request. desiring to be heard or to protest these fields research and public information Issued at Washington, D.C. on October 24, applications should file a petition to dissemination program. The Secretary of 1995. intervene or protest at the address Energy, pursuant to Section 2118 of the Rachel Murphy Samuel, provided above in accordance with Energy Policy Act of 1992, P.L. 102–486, §§ 385.211 or 385.214 of the Rules of has overall responsibility for the Acting Deputy Advisory Committee Management Officer. Practice and Procedure (18 CFR national program which includes health 385.211, 385.214). Fifteen copies of [FR Doc. 95–26846 Filed 10–27–95; 8:45 am] effects research, development of such petitions and protests should be technologies to mitigate any adverse BILLING CODE 64501±01±P filed with the DOE on or before the date human health effects, and dissemination listed above. An additional copy is to be of information. filed directly with Michael C. Connelly, Tentative Agenda Attorney, Northern States Power 55258 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
Company, 414 Nicollet Mall, The complete text of the Public Notice that if they filed their FCC Form 175– Minneapolis, Minnesota 55401, Phone: dated October 16, 1995 follows: Copies M applications electronically, they must (612) 330–6600. of this item are available for public resubmit their corrected applications A final decision will be made on these inspection in Room 207, 2033 M Street electronically. separate but related applications after NW., and Room 5608, 2025 M Strett Manual Resubmission: Manual determinations are made by the DOE NW., Washington, DC and may also be resubmissions, whether mailed, hand that the proposed actions will not obtained from the FCC copy contractor, delivered or sent by private courier, adversely impact on the reliability of the ITS, Inc. at (202) 418–0620, and the FCC must be addressed to: Office of the U.S. electric power supply system, and auction contractor, Tradewinds Secretary, Attn: Auction 6 Short-Form the environmental impacts have been International, Inc. at (202) 637–FCCI Processing, Federal Communications evaluated pursuant to the National (637–3221). Commission, 1919 M Street, N.W., Environmental Policy Act of 1969 Room 222, Washington, D.C. 20554. Report No. AUC–95–06, Auction No. (NEPA). Manual resubmissions will not be 6—October 16, 1995 Copies of these applications will be accepted at any other location. made available, upon request, for public The Federal Communications Applicants must submit a new FCC inspection and copying at the address Commission (FCC) has received 196 Form 175–M, complete in all respects, provided above. timely-filed FCC Form 175–M correcting the identified deficiency(ies) and signed with an original signature, Issued in Washington, DC, on October 25, applications to participate in an auction scheduled to begin on Monday, including any supplementary 1995. information required, which must be Anthony J. Como, November 13, 1995, for 493 authorizations to provide single channel received prior to the deadline, or the Director, Office of Coal & Electricity, Office application will be dismissed. In of Fuels Programs, Office of Fossil Energy. Multipoint Distribution Service (MDS) and Multichannel Multipoint addition, three (3) microfiche copies of [FR Doc. 95–26847 Filed 10–27–95; 8:45 am] Distribution Service (MMDS), the corrected applications are required BILLING CODE 6450±01±P collectively referred to as ‘‘MDS’’ The for all applications in excess of five (5) applications have been reviewed for pages. For this auction, the FCC will compliance with the Commission’s allow submission of a 3.5’’ diskette, in FEDERAL COMMUNICATIONS rules. lieu of microfiche, which contains COMMISSION The 196 timely-filed applications ASCII text (.TXT) files of all exhibit have been classified into the following documentation attached to the FCC [Report No. AUC±95±06, Auction No. 6] two categories: Form 175–M. • Electronic Resubmission of Manual FCC Announces the Status of Accepted for Filing—174 Application: The applicant, an Applications Applications To Participate in Auction • authorized representative, or the of Multipoint Distribution Service: 493 Incomplete—22 Applications certifying official, as designated on the BTA Authorizations for Multipoint Applications classified as accepted for applicant’s FCC Form 175–M MUST Distribution Service in the 2 GHz Band, filing are listed in Attachment A, and APPEAR IN PERSON at the FCC Scheduled for November 13, 1995 those classified as incomplete are Auction Headquarters located at 2 presented in Attachment B. Each Massachusetts Avenue, N.E., AGENCY: Federal Communications attachment lists applications Washington, D.C., with two forms of Commission. alphabetically by the name of the identification (one of which must be a ACTION: Public notice. applicant.1 Late-filed applications will photo identification) to receive a login be dismissed without the opportunity to code and password. SUMMARY: This Public Notice, released resubmit. Applicants who have As described more fully in the October 16, 1995, announce the status of submitted applications that are accepted Commission’s MDS Report and Order, FCC Form 175–M (short-form) for filing will become qualified bidders 10 FCC Rcd 9589 (1995), 60 Fed. Reg. applications, that were timely-filed by only upon the acceptance of the 36,524 (July 17,1995), and in the general the October 10, 1995 due date, to required upfront payment by the auction rules, applicants may make participate in the upcoming auction of upfront payment deadline, as discussed minor corrections to their FCC Form Multipoint Distribution Service (MDS). infra. Applications classified as 175–M applications. Applicants will not The attachments to the Public Notice incomplete must be resubmitted by the be permitted to make major classify the 196 timely-filed resubmission deadline to correct the modifications to their applications (e.g., applications as accepted for filing or minor deficiency or deficiencies modification of authorization incomplete, and are listed identified in Attachment B, as selection(s), change in certifying official, alphabetically by the name of the discussed, infa. change in de facto or de jure control of applicant. The Public Notice provides Resubmission Filing Deadline: the applicant). See 47 CFR additional information regarding Corrected FCC Form 175–M § 21.952(c)(2). resubmission of applications, upfront applications must be filed no later than Upfront Payment Deadline: All payments and the Commission’s anti- 5:30 p.m. Eastern Time on Monday, applicants should note that upfront collusion rule. This Public Notice is October 30, 1995. Late resubmission payments for this auction are due at directed toward the Commission’s goal will not be accepted, and this will be Mellon Bank, Pittsburgh, Pennsylvania, of efficiently distributing the unused the only opportunity to cure FCC Form on Monday, October 30, 1995, in MDS spectrum through competitive 175–M defects. Applicants are reminded accordance with the Procedures, Terms bidding, and is designed to assist and Conditions for this auction as prospective bidders in preparing for the 1 Our disposition of applications accompanied by contained in the Bidder Information MDS auction. waiver requests (as indicated by asterisks in Package. FOR FURTHER INFORMATION CONTACT: Attachments A and B) may affect the qualifications Payments made by cashier’s check John Spencer at (202) 418–0660 or of the applicant to hold MDS authorizations in must be received by 11:59 p.m. Eastern particular Basic Trading Areas (BTAs), or may affect Sharon Bertelsen at (202) 416–0892. its status as an eligible small business. Time, Monday, October 30, 1995. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55259
Payments made by wire transfer must be prohibited from communicating with For the MDS auction only, the received by 3:00 p.m. Eastern Time, other applicants for the same BTA(s) Commission is offering free on-line Monday, October 30, 1995, in order to regarding bids or bid strategies. Winning access to the FCC Form 175–M Review be recorded as received on this date. bidders will be required to disclose in program. Ordinarily, this service would Failure to accurately complete the FCC their long-form MDS applications (FCC cost $2.30 per minute. See Report and Form 159 could result in a delay in Form 304) the specific terms, conditions Order (WT Docket No. 95–69), 60 Fed. processing the applicant’s remittance. and parties involved in all bidding Reg. 38,276 (July 26, 1995). Please refer Applicants who have filed consortia, joint ventures, partnerships to the MDS Bidder Package for further applications classified as incomplete (by and other arrangements the applicant information on the FCC Form 175–M this Public Notice) must submit an has entered into relating to the Review program. upfront payment in order for the FCC to competitive bidding process. See 47 review their resubmitted application. If CFR § 1.2107(d). Bidders found to have For additional information regarding such an application remains incomplete violated the Commission’s anti- this Public Notice, please contact John following resubmission it will be collusion rule may be subject to Spencer, Wireless Telecommunications dismissed and the applicant may file a sanctions. See 47 CFR § 1.2109(d). In Bureau, (202) 418–0660, or Sharon request for refund of its upfront addition, applicants are reminded that Bertelsen, Mass Media Bureau, at (202) payment. Only those applicants who they are subject to the antitrust laws, 416–0892. submit upfront payments by the due which are designed to prevent anti- Federal Communications Commission. date and have submitted (or competitive behavior in the William F. Caton, resubmitted) applications which are marketplace. Acting Secretary. classified as accepted for filing will be Applicants should also be aware that eligible to participate in this auction. the Commission has generally exempted Attachment A—FCC Multipoint Other Important Information: A final auction proceedings from the strict Distribution Srvc Auction, Form 175 Public Notice listing all applicants requirements of the ex parte rule (47 Accepted List (Initial) Auction ID: 6 qualified to bid at the auction will be CFR § 1.1208). See ‘‘Commission released after upfront payments have Announces that Mutually Exclusive (Sorted by Applicant) been received and resubmitted FCC ‘‘Short Form’’ Applications (Form 175) Date of Report: 10/13/95 Form 175–M applications have been to participate in Competitive Bidding reviewed and processed. Process (‘‘Auctions’’) are Treated as The following Form 175 Applicants After the October 10, 1995, short-form Exempt for Ex Parte Purposes,’’ Public have been judged ‘Acceptable’ and have filing deadline, applicants are generally Notice, 9 FCC Rcd 6760 (1994). applied or the following licenses:
FCC Account Waiver re- No. Name quested
0541746373 AGL Inc. The following License(s): B111± 0370703673 Adams Telcom, Inc. The following License(s): B061± B344± B367± 0943221309 Alaska Wireless Cable, Inc. The following License(s): B136± 8034488125 Albert D. Ervin. The following License(s): B147± B312± B436± 5127081514 Allen Leeds. 55260 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
FCC Account Waiver re- No. Name quested
The following License(s): B001± B002± B003± B004± B005± B006± B007± B008± B009± B010± B011± B012± B013± B014± B015± B016± B017± B018± B019± B020± B021± B022± B023± B024± B025± B026± B027± B028± B029± B030± B031± B032± B033± B034± B035± B036± B037± B038± B039± B040± B041± B042± B043± B044± B045± B046± B047± B048± B049± B050± B051± B052± B053± B054± B055± B057± B058± B059± B060± B061± B062± B063± B064± B065± B066± B067± B068± B069± B070± B071± B072± B073± B074± B075± B076± B077± B078± B079± B080± B081± B082± B083± B084± B085± B086± B087± B088± B089± B090± B091± B092± B093± B094± B095± B096± B097± B098± B099± B100± B101± B102± B103± B104± B105± B106± B107± B108± B109± B110± B111± B112± B113± B114± B115± B116± B117± B118± B119± B120± B121± B122± B123± B124± B125± B126± B127± B128± B129± B130± B131± B132± B133± B134± B135± B136± B137± B138± B139± B140± B141± B142± B143± B144± B145± B146± B147± B148± B149± B150± B151± B152± B153± B154± B155± B156± B157± B158± B159± B160± B161± B162± B163± B164± B165± B166± B167± B168± B169± B170± B171± B172± B173± B174± B175± B176± B177± B178± B179± B180± B181± B182± B183± B184± B185± B186± B187± B188± B189± B190± B191± B192± B193± B194± B195± B196± B197± B198± B199± B200± B201± B202± B203± B204± B205± B206± B207± B208± B209± B210± B211± B212± B213± B214± B215± B216± B217± B218± B219± B220± B221± B222± B223± B224± B225± B226± B227± B228± B229± B230± B231± B232± B233± B234± B235± B236± B237± B238± B239±. B240± B241± B242± B243± B244± B245± B246± B247± B248± B249± B250± B251± B252± B253± B254± B255± B256± B257± B258± B259± B260± B261± B262± B263± B264± B265± B266± B267± B269± B270± B271± B272± B273± B274± B275± B276± B277± B278± B279± B280± B281± B282± B283± B284± B285± B286± B287± B288± B289± B290± B291± B292± B293± B294± B295± B296± B297± B298± B299± B300± B301± B302± B303± B304± B305± B306± B307± B308± B309± B310± B311± B312± B313± B314± B315± B316±. B317± B318± B319± B320± B321± B322± B323± B324± B325± B326± B327± B328± B329± B330± B331± B332± B333± B334± B335± B336± B337± B338± B339± B340± B341± B342± B343± B344± B345± B346± B347± B348± B349± B350± B351± B352± B353± B354± B355± B356± B357± B358± B359± B360± B361± B362± B363± B364± B365± B366± B367± B368± B369± B370± B371± B372± B373± B374± B375± B376± B377± B378±. B379± B380± ...... B381± B382± B383± B384± B385± B386± B387± B388± B389± B390± B391± B392± B393± B394± B395± B396± B397± B398± B399± B400± B402± B403± B404± B405± B406± B407± B408± B409± B410±. B411± B412± B413± B414± B415± B416± B417± B418± B419± B420± B421± B422± B423± B424± B425± B426± B427± B428± B429± B430± B431± B432± B433± B434± B435± B436± B437± B438± B439± B440± B441± B442± B443±. B444± B445± B446± B447± B448± B449± B450± B451± B452± B453± ...... B454± B455± B457± B458± B459± B460± B461± B462± B463± B464± B465± B466± B467± B468± B469± B470± B471± B472± B473± B474± B475± B476± B477± B478± B479± B480± B481± B482± B483± B484± B485± B486± B487± B488± B489± B490± B491± B492± B493±. 0650415345 Allied Properties, Inc. The following License(s): All. 0860786531 Altron Communicatins, L.C. The following License(s): All. 2028610106 American Car Telephone Co., Inc. The following License(s): B397± B412± 0841265444 American Telecasting Development, Inc. The following License(s): All. 0870480126 American Wireless, Inc. The following License(s): B392± 3178798851 Andrew V. Saban. The following License(s): B457± 0541698157 Applied Video Technologies, Inc. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55261
FCC Account Waiver re- No. Name quested
The following License(s): B001± B002± B003± B004± B005± B006± B007± B008± B009± B010± B011± B012± B013± B014± B015± B017± B018± B019± B020± B021± B023± B025± B027± B028± B029± B030± B031± B032± B033± B034± B035± B036± B037± B038± B039± B040± B041± B042± B043± B044± B045± B046± B047± B048± B049± B050± B051± B052± B053± B054± B055± B056± B057± B058± B059± B060± B061± B062± B063± B064± B065± B066± B067± B068± B069± B070± B071± B072± B073± B074± B076± B077± B078± B079± B080± B081± B082± B083± B084± B085± B086± B087± B088± B089± B090± B091± B093± B094± B095± B096± B097± B098± B099± B100± B101± B102± B103± B105± B106± B107± B108± B109± B110± B111± B112± B113± B114± B115± B116± B117± B118± B119± B120± B121± B122± B123± B124± B125± B126± B127± B128± B129± B130± B131± B132± B133± B134± B135± B136± B137± B138± B139± B140± B141± B142± B143± B144± B145± B146± B147± B148± B149± B150± B151± B152± B153± B154± B155± B157± B158± B159± B161± B162± B163± B164± B165± B166± B167± B168± B169± B170± B171± B172± B173± B174± B175± B176± B177± B178± B179± B180± B181± B182± B184± B185± B186± B187± B188± B189± B190± B191± B192± B193± B194± B195± B196± B197± B198± B199± B200± B201± B202± B203± B204± B205± B206± B207± B208± B209± B210± B211± B212± B213± B214± B215± B216± B217± B218± B219± B220± B221± B222± B223± B224± B225± B226± B227± B228± B229± B230± B231± B232± B233± B234± B235± B236± B238± B239± B240± B241± B242± B243± B244± B245± B246± B247± B248± B249± B250± B251± B252± B253±. B254± B255± B256± B257± B258± B259± B260± B261± B262± B263± B264± B265± B267± B268± B269± B270± B271± B272± B273± B274± B275± B276± B277± B278± B279± B280± B281± B282± B283± B285± B286± B287± B288± B289± B290± B291± B292± B293± B294± B295± B296± B297± B298± B299± B300± B301± B302± B303± B304± B305± B306± B307± B308± B309± B310± B311± B312± B313± B314± B315± B316± B317± B318± B319± B320± B321± B322± B323± B325± B326± B327± B328± B329± B330± B331± B332± B333± B335± B336± B337± B338± B339± B340± B341± B342± B343± B344± B345± B346± B347± B348± B349± B350± B351± B352± B353± B354± B355± B356± B357± B358± B359± B360± B361± B362± B363± B364± B365± B366± B367± B368± B369± B370± B371± B372± B373± B375± B377± B378± B379± B380± B381± B382± B383± B385± B386± B387± B388± B389± B390± B391± B392± B393± B394± B395± B396± B397± B398± B399± B400± B401± B402± B403± B404± B405± B406± B407± B408± B409± B410± B411± B412± B413± B414± B415± B416± B417± B418± B419± B420± B421± B422± B423± B424± B425± B426± B427± B428± B429± B431± B432± B433± B434± B435± B436± B437± B438± B439± B440± B441± B442± B443± B444± B445± B446± B447± B448± B449± B450± B451± B452± B453± B454± B455± B456± B457± B458± B459± B460± B462± B463± B464± B465± B466± B467± B468± B469± B470± B471± B472± B473± B474± B475± B476± B477± B478± B479± B480± B481± B482± B483± B484± B485± B486± B487± B488± B489± B490± B491± B492± B493±. 0860795126 Arizona Calling, L.L.C. The following License(s): All. 0631132158 BarTel, Inc. The following License(s): B017± B044± B158± B415± B450± 6034326329 Baton Rouge Wireless Communications, Inc. The following License(s): B032± 8013285618 Bay Area, Inc. The following License(s): B107± B151± B152± B159± B212± B239± B289± B293± B313± B326± B336 B340± B408± B439± B440± B469±. 2052323835 Beasley Communications, Inc. The following License(s): All. 6159667410 Better Choice TV, Inc. The following License(s): All. 5108064131 Bidco. The following License(s): All. 8166650300 Big Sky Wireless Partnership. The following License(s): B053± B064± B171± B188± B300± 0344400218 Blake Twedt. The following License(s): All. 0714498894 C & W Enterprises, Inc. The following License(s): B400± 0431596423 C.D.V., Incorporated. 55262 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
FCC Account Waiver re- No. Name quested
The following License(s): B001± B002± B003± B004± B005± B006± B007± B008± B009± B010± B011± B012± B013± B014± B015± B016± B017± B018± B019± B020± B021± B022± B023± B024± B025± B026± B027± B028± B029± B030± B031± B032± B033± B034± B035± B036± B037± B038± B039± B040± B041± B042± B043± B044± B045± B046± B047± B048± B049± B050± B051± B052± B054± B055± B056± B057± B058± B059± B060± B061± B062± B063± B065± B066± B067± B068± B069± B070± B071± B072± B073± B074± B075± B076± B077± B078± B079± B080± B081± B082± B083± B084± B085± B086± B087± B088± B089± B090± B091± B092± B093± B094± B095± B096± B097± B098± B099± B100± B101± B102± B103± B104± B105± B106± B107± B108± B109± B110± B111± B112± B113± B114± B115± B116± B117± B118± B119± B120± B121± B122± B123± B124± B125± B126± B127± B128± B129± B130± B131± B132± B133± B134± B135± B136± B137± B138± B139± B140± B141± B142± B143± B144± B145± B146± B147± B148± B149± B150± B151± B152± B153± B154± B155± B156± B157± B158± B159± B160± B161± B162± B163± B164± B165± B166± B167± B168± B169± B170± B172± B173± B174± B175± B176± B177± B178± B179± B180± B181± B182± B183± B184± B185± B186± B187± B189± B190± B191± B192± B193± B194± B195± B196± B197± B198± B199± B200± B201± B202± B203± B204± B205± B206± B207± B208± B209± B210± B211± B212± B213± B214± B215± B216± B217± B218± B219± B220± B221± B222± B223± B224± B225± B226± B227± B228± B229± B230± B231± B232± B233± B234± B235± B236± B237± B238± B239± B240± B241± B242± B243± B244± B245± B246± B247± B248± B249± B250± B251± B252± B253± B254± B255± B256± B257± B258± B259± B260± B261± B262± B263± B264± B265± B266± B267± B268± B269± B270± B271± B272± B273± B274± B275± B276± B277± B278± B279± B280± B281± B282± B283± B284± B285± B286± B287± B288± B289± B290± B291± B292± B293± B294± B295± B296± B297± B298± B299± B301± B302± B303± B304± B305± B306± B307± B308± B309± B310± B311± B312± B313± B314± B315± B316± B317± B318± B319± B320± B321± B322± B323± B324± B325± B326± B327± B328± B329± B330± B331± B332± B333± B334± B335± B336± B337± B338± B339± B340± B341± B342± B343± B344± B345± B346± B347± B348± B349± B350± B351± B352± B353± B354± B355± B356± B357± B358± B359± B360± B361± B362± B363± B364± B365± B366± B367± B368± B369± B370± B371± B372± B373± B374± B375± B376± B377± B378± B379± B380± B381± B382± B383± B384± B385± B386± B387± B388± B389± B390± B391± B392± B393± B394± B395± B396± B397± B398± B399± B400± B401± B402± B403± B404± B405± B406± B407± B408± B409± B410± B411± B412± B413± B414± B415± B416± B417± B418± B419± B420± B421± B422± B423± B424± B425± B426± B427± B428± B429± B430± B431± B432± B433± B434± B435± B436± B437± B438± B439± B440± B441± B442± B443± B444± B445± B446± B447± B448± B449± B450± B451± B452± B453± B454± B455± B456± B457± B458± B459± B460± B461± B462± B463± B464± B465± B466± B467± B468± B469± B470± B471± B472± B473± B474± B475± B476± B477± B478± B479± B480± B481± B482± B483± B484± B485± B486± B487± B488± B489± B490± B491± B492± B493± 5184622632 CAI Wireless Systems, Inc. The following License(s): All. 0541717791 CFW Licenses Inc. The following License(s): B075± B179± B183± B266± B374± B430± B479± 5018790784 Climax Communications, Inc. The following License(s): B348± 0611213361 CNI Wireless, Inc. The following License(s): B098± B423± 5184478300 CS Wireless, Inc. The following License(s): All. 0330627869 CWTV, Inc. The following License(s): All. 7139642782 CableNet Group, (USA), Ltd. The following Licenses(s): B059± B099± B441± 3103932741 California Shopping Network Partners. The following Licenses(s): All. 0470118640 Cambridge Telephone Company. The following Licenses(s): B270± 0726023032 Campti-Pleasant Hill Telephone Co., Inc. The following Licenses(s): B419± 0660494090 Carribean Wireless Systems, Inc. The following Licenses(s): B488± B489± 0752450353 Central Texas Wireless TV, Inc. The following Licenses(s): B057± B400± 9164582195 Charter & Myers, G.P. The following Licenses(s): B261± 0570292840 Chesnee Telephone Company, Inc. The following Licenses(s): B177± 0860689004 Communication Ventures, Inc. The following Licenses(s): All. 0450274821 Consolidated Telephone Cooperative. The following Licenses(s): B113± 2144454110 Crescent Broadcasting Corporation. The following Licenses(s): B320± 3044752309 Crystal Vision Communications, Inc. The following Licenses(s): B035± B048± B073± B082± B137± B179± B197± B259± B306± B342± B431± B471± B474± 2174834038 Custom Strategies, Inc. The following Licenses(s): All. 0880335198 DBD TV Management Company, L.L.C. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55263
FCC Account Waiver re- No. Name quested
The following Licenses(s): All. 3607158232 David Scott Wesley. The following Licenses(s): B036± B228± B250± 0990173112 Dawson International, Inc. The following Licenses(s): B190± 192± B222± B254± B490± 0377545569 Dharam Ahuja, The following Licenses(s): B303± B434± 7064855023 Digital Wireless Cable, LLC The following Licenses(s): B006± B016± B017± B020± B022± B026± B058± B062± B074± B091± B092± B102± B108± B115± B141± B146± B147± B158± B160± B165± B174± B176± B178± B189± B198± B214± B237± B271± B302± B312± B316± B334± B335± B368± B377± B382± B384± B415± B436± B450± B454± B467± B478± B489± 0760481626 Digital and Wireless Television, L.L.C. The following Licenses(s): All. 0731436758 Dobson Wireless Cable, Inc. The following License(s): All. 7194385708 Eagle Television, Inc. The following License(s): All. 0421280600 Evertek, Inc. The following License(s): B150± B285± B421±. 3037565600 FP Broadcasting, Inc. The following License(s): All. 0570335116 Farmers Telephone Cooperative, Inc. The following License(s): B072± B147± B436±. 8174698687 Fayetteville Wireless TV, Inc. The following License(s): B140±. 2025296491 First Wave Communications. The following License(s): B461±. 0382904566 Five Star Wireless Cable TV. The following License(s): B039±. 0351815072 Fresno MMDS Associates. The following License(s): All. 0621573339 Future Vision Wireless Cable, Inc. The following License(s): B083±. 0752616008 GTE Media Ventures Incorporated. The following License(s): B067± B090± B115± B183± B192± B218± B228± B262± B281± B310± B312± B359± B373± B380± B408± B442± B466± B483±. 0742423254 Global Information Technologies, Inc. The following License(s): All. 0770303415 Golden Bear Communications, Inc. The following License(s):B303± B434±. 2024623680 Goodworth Wireless Cable. The following License(s): B012± B218± B431± B471± B484±. 8103552691 Grand Wireless Co. The following License(s): B028± B033± B169± B223± B307- B310± B313± B345± B425± B446± B488± B489± B491±. 2123553466 HLW, Inc. The following License(s): All. 0541597273 Hardin and Associates, Inc. The following License(s): B104±. 0650498716 Harrisburg Wireless, Inc. The following License(s): B181±. 0731435149 Heartland Wireless Communications, Inc. The following License(s): All. 2022962014 Honolulu Cablevision Corp. The following License(s): B192±. 0570337423 Horry Telephone Cooperative, Inc. The following License(s): B312± 3103736234 Hubbard Trust The following License(s): All. 7178430146 ICC±B. The following License(s): All. 0954494609 Interactive America Corporation. The following License(s): B031± B152± B192± B239± B245± B290± B314± B329± B372± B397± B399± B401± B402± B404± B406± B448± 0421368895 Iowa Rural T.V., Inc. The following License(s): B337± 0731315508 J & B LTD. The following License(s): All. 0953236685 Jonsson Communications Corporation. The following License(s): B372± 5203783349 John McLain d/b/a Wireless Direct Broadcast Syst. The following License(s): B322± B420± 55264 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
FCC Account Waiver re- No. Name quested
7182794446 Jungon Jung. The following License(s): All. 0593335614 Lazy Eight, Inc. The following License(s): B190± 0850116343 Leaco Rural Telephone Cooperative, Inc. The following License(s): B068± B087± B191± B264± B386± 5123286711 Longview Wireless Development, Inc. The following License(s): B260± B452± 2025887500 Macon Wireless Partnership. The following License(s): B271± 0390784187 Madison Newspapers Inc. The following License(s): B216± B272± 0222741313 Magnavision Corporation. The following License(s): B007± B008± B010± B012± B025± B029± B030± B035± B041± B043± B048± B041± B060± B063± B069± B073± B075± B082± B100± B110± B116± B117± B127± B137± B156± B164± B171± B179± B181± B183± B184± B201± B203± B208± B215± B218± B227± B240± B245± B249± B251± B259± B266± B274± B306± B317± B318± B319± B321± B328± B330± B333± B342± B346± B347± B350± B351± B352± B357± B358± B360± B361± B363± B364± B370± B372± B374± B379± B388± B398± B399± B412± B420± B425± B427± B429± B430± B431± B435± B437± B438± B453± B461± B463± B465± B471± B475± B479± B480± B483± 0206225016 Marion B. Snyder. The following License(s): All. 0222774460 Micro-Lite Television. The following License(s): All. 0880339196 Microlink Television of Washington, Inc. The following License(s): B228± 0860793497 Microlink Television of Yuma, Inc. The following License(s): B124± B486± 0371236857 Microwave Cable Corp. The following License(s): B046± 0880317243 Mobile LLC. The following License(s): B302± 0841199078 Mountain Solutions, Ltd. The following License(s): All. 0650446346 NY Microwave, Inc. The following License(s): B370± B419± B448± 6153339288 Nashville Wireless Cable Television, Inc. The following License(s): B314± 3128785420 National Technologies Unlimited, Inc. The following License(s): B071± 0133735316 National Wireless Holdings, Inc. The following License(s): All. 0460402995 North East T.V. Cooperative, Inc. The following License(s): B464± 0460398139 Northern Rural Cable TV Cooperative, Inc. The following License(s): B001± 0310839130 Novner Enterprises, Inc. The following License(s): All. 0990303303 O'ahu Wireless Cable, Inc. The following License(s): B190± B192± B222± B254± 0351826478 Ohio Valley Wireless, Ltd. The following License(s): All. 0730724334 Oklahoma Western Telephone Company. The following License(s): B267± B341± 0650081357 Omni Microwave Television Partners, a Florida LP. The following License(s): B076± B083± B085± B096± B098± B120± B211± B229± B232± B290± B295± B314± B423± 0880270186 Orion Broadcasting Systems, Inc. The following License(s): B025± 0061419676 PCTV Gold, Inc. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55265
FCC Account Waiver re- No. Name quested
The following License(s): B001± B002± B003± B004± B005± B006± B007± B008± B009± B010± B011± B012± B013± B014± B015± B016± B017± B018± B019± B020± B021± B022± B023± B024± B025± B026± B027± B028± B029± B030± B031± B032± B033± B034± B035± B036± B037± B038± B039± B040± B041± B042± B043± B044± B045± B046± B047± B048± B049± B050± B051± B052± B053± B054± B055± B056± B057± B058± B059± B060± B061± B062± B063± B064± B065± B066± B067± B068± B069± B070± B071± B072± B073± B074± B075± B077± B078± B079± B080± B081± B082± B084± B086± B087± B088± B089± B090± B091± B092± B093± B094± B095± B097± B099± B100± B101± B102± B103± B104± B105± B106± B107± B108± B109± B110± B111± B112± B113± B114± B115± B116± B117± B118± B119± B121± B122± B123± B124± B125± B126± B127± B128± B129± B130± B131± B132± B133± B134± B135± B136± B137± B138± B139± B140± B141± B142± B143± B144± B145± B146± B147± B148± B149± B150± B151± B152± B153± B154± B155± B156± B157± B158± B159± B160± B161± B162± B163± B164± B165± B166± B167± B168± B169± B170± B171± B172± B173± B174± B175± B176± B177± B178± B179± B180± B181± B182± B183± B184± B185± B186± B187± B188± B189± B190± B191± B192± B193± B194± B195± B196± B197± B198± B199± B200± B201± B202± B203± B204± B205± B206± B207± B208± B209± B210± B212± B213± B214± B215± B216± B217± B218± B219± B220± B221± B222± B223± B224± B225± B226± B227± B228± B230± B231± B233± B234± B235± B236± B237± B238± B239± B240± B241± B242± B243± B244± B245± B246± B247± B248± B249± B250± B251± B252± B253± B254± B255± B256± B257± B258± B259± B260± B261± B262± B263± B264± B265± B266± B267± B268± B269± B270± B271± B272± B273± B274± B275± B276± B277± B278± B279± B280± B281± B282± B283± B284± B285± B286± B287± B288± B289± B291± B292± B293± B294± B296± B297± B298± B299± B300± B301± B302± B303± B304± B305± B306± B307± B308± B309± B310± B311± B312± B313± B315± B316± B317± B318± B319± B320± B321± B322± B323± B324± B325± B326± B327± B328± B329± B330± B331± B332± B333± B334± B335± B336± B337± B338± B339± B340± B341± B342± B343± B344± B345± B346± B347± B348± B349± B350± B351± B352± B353± B354± B355± B356± B357± B358± B359± B360± B361± B362± B363± B364± B365± B366± B367± B368± B369± B370± B371± B372± B373± B374± B375± B376± B377± B378± B379± B380± B381± B382± B383± B384± B385± B386± B387± B388± B389± B390± B391± B392± B393± B394± B395± B396± B397± B398± B399± B400± B401± B402± B403± B404± B405± B406± B407± B408± B409± B410± B411± B412± B413± B414± B415± B416± B417± B418± B419± B420± B421± B422± B424± B425± B426± B427± B428± B429± B430± B431± B432± B433± B434± B435± B436± B437± B438± B439± B440± B441± B442± B443± B444± B445± B446± B447± B448± B449± B450± B451± B452± B453± B454± B455± B456± B457± B458± B459± B460± B461± B462± B463± B464± B465± B466± B467± B468± B469± B470± B471± B472± B473± B474± B475± B476± B477± B478± B479± B480± B481± B482± B483± B484± B485± B486± B487± B488± B489± B490± B491± B492± B493±. 0680358761 Pacific Communications. The following License(s): B079± B303± B397± B434± B485± 0943208912 Pacific Telesis Enterprises. The following License(s): All. 0990315587 Pacific Wireless Cable, Inc. The following License(s): B490± B492± B493± 0593104907 Paradise Cable, Inc. The following License(s): All. 7066957511 Paul Jackson Enterprises, Inc. The following License(s): B085± B102± 2194832741 Paul L. Yoquelet. The following License(s): All 0232778523 Pegasus Communications Portfolio Holdings, Inc. 55266 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
FCC Account Waiver re- No. Name quested
The following License(s): B001± B002± B003± B004± B005± B006± B007± B008± B009± B010± B011± B012± B013± B014± B015± B016± B017± B018± B019± B020± B021± B022± B023± B024± B025± B026± B027± B028± B029± B030± B031± B032± B033± B034± B035± B036± B037± B038± B039± B040± B041± B042± B043± B044± B045± B046± B047± B048± B049± B050± B051± B052± B053± B054± B055± B056± B057± B058± B059± B060± B061± B062± B063± B064± B065± B066± B067± B068± B069± B070± B071± B072± B073± B074± B075± B076± B077± B078± B079± B080± B081± B082± B083± B084± B085± B086± B087± B088± B089± B090± B091± B092± B093± B094± B095± B096± B097± B098± B099± B100± B101± B102± B103± B104± B105± B106± B107± B108± B109± B110± B111± B112± B113± B114± B115± B116± B117± B118± B119± B120± B121± B122± B123± B124± B125± B126± B127± B128± B129± B130± B131± B132± B133± B134± B135± B136± B137± B138± B139± B140± B141± B142± B143± B144± B145± B146± B147± B148± B149± B150± B151± B152± B153± B154± B155± B156± B157± B158± B159± B160± B161± B162± B163± B164± B165± B166± B167± B168± B169± B170± B171± B172± B173± B174± B175± B176± B177± B178± B179± B180± B181± B182± B183± B184± B185± B186± B187± B188± B189± B190± B191± B192± B193± B194± B195± B196± B197± B198± B199± B200± B201± B202± B203± B204± B205± B206± B207± B208± B209± B210± B211± B212± B213± B214± B215± B216± B217± B218± B219± B220± B221± B222± B223± B224± B225± B226± B227± B228± B229± B230± B231± B232± B233± B234± B235± B236± B237± B238± B239± B240± B241± B242± B243± B244± B245± B246± B247± B248± B250± B251± B252± B253± B254± B255± B256± B257± B258± B259± B260± B261± B262± B263± B264± B265± B266± B267± B268± B269± B270± B271± B272± B273± B275± B276± B277± B278± B279± B280± B281± B282± B283± B284± B285± B286± B287± B288± B289± B290± B291± B292± B293± B294± B295± B296± B297± B298± B299± B300± B301± B302± B303± B304± B305± B306± B307± B308± B309± B310± B311± B312± B313± B314± B315± B316± B317± B319± B320± B321± B322± B323± B324± B325± B326± B327± B328± B329± B330± B331± B332± B333± B334± B335± B336± B337± B338± B339± B340± B341± B342± B343± B344± B345± B346± B347± B348± B349± B350± B352± B353± B354± B355± B356± B357± B358± B359± B360± B361± B362± B363± B364± B365± B366± B367± B368± B369± B370± B371± B372± B373± B374± B375± B376± B377± B378± B379± B380± B381± B382± B383± B384± B385± B386± B387± B388± B389± B390± B391± B392± B393± B394± B395± B396± B397± B398± B399± B400± B401± B402± B403± B404± B405± B406± B407± B408± B409± B410± B411± B412± B413± B414± B415± B416± B417± B418± B419± B420± B421± B422± B423± B424± B425± B426± B427± B428± B429± B430± B431± B432± B433± B434± B435± B436± B437± B438± B439± B440± B441± B442± B443± B444± B445± B446± B447± B448± B449± B450± B451± B452± B453± B454± B455± B456± B457± B458± B459± B460± B461± B462± B463± B464± B465± B466± B467± B468± B469± B470± B471± B472± B473± B474± B475± B476± B477± B478± B479± B481± B482± B483± B484± B485± B486± B487± B488± B490± B491± B492± B493±. 0527648061 Philip C. Merrill. The following License(s): all. 0593327118 Phipps Wireless, Inc. The following License(s): all. 0640861494 Pinnacle Communications Systems, Inc. The following License(s): all. 0750806646 Poka Lambro Telephone Cooperative, Inc. The following License(s): B013± B087± B191± B264± B327± 6109219500 Prestige Wireless Ltd. The following License(s): B370± 0310969011 Progressive Communications, Inc. The following License(s): all 0660177812 Puerto Rico Telephone Company. The following License(s): B488± B489± 0541177673 R and B Communications, Inc. The following License(s): B376± 8146841026 Randall W. Rahon d/b/a Air Cable Television Syst. The following License(s): all. 0550697169 Redhawk Communications. The following License(s): B116± B398± 0459689868 Richard S. Kimmons DBA Kimmons Financial Gr. The following License(s): all. 5049276815 Robert A. Hart IV. The following License(s): all. 8176653463 Rural Wireless South, Inc. The following License(s): all. 0582136614 SWCC, Inc. The following License(s): B439± 8024763426 Sanguinetti Investment Corp. The following License(s): B063± B388± 0541619190 Satellite Microcable Corporation. The following License(s): B124± B168± B355± 8024766567 Satellite Signals of New England, Inc. The following License(s): B063± B388± 2173410721 Sheridan Ruggles. The following License(s): all. 6034343881 Shreveport Wireless Cable, Inc. The following License(s): B419± 0460402369 Sioux Valley Rural Television, Inc. The following License(s): B422± Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55267
FCC Account Waiver re- No. Name quested
7196325544 Sioux Valley Wireless Cable, Inc. The following License(s): All. 0391819183 SkyCable TV of Madison, L.L.C. The following License(s): B272± 0650463745 Skyview Wireless Cable, Inc. The following License(s): B193± B211± 7144994469 South Seas Satellite Communications Corporation. The following License(s): All. 0431186710 Southwest Missouri Cable Television, Inc. The following License(s): B220± 0470720815 Southwest Telecommunications Cooperative Ass., The following License(s): All. 0421367457 Starcom, Inc. The following License(s): B150± B277± B285± B481± 0760183743 Stephan L. Honore. The following License(s): All. 0860672999 Superchannels of Las Vegas, Inc. The following License(s): All. 0161470170 Syracuse Wireless, L.C. The following License(s): B438± 3038409113 TCM Holdings, Inc. The following License(s): B052± B096± B098± B120± B149± B168± B263± B273± B336± B338± B339± B423± B449± 0911695924 Teewinot Licensing, Inc. The following License(s): All. 0592116828 The R Corp. The following License(s): All. 3037512900 TV Communication Network, Inc. The following License(s): All. 0593175814 Tel-Com Wireless Cable TV Corp. The following License(s): All. 0112907608 Tel/Logic Inc. The following License(s): All. 8053962460 Tharrell D. Ming. The following License(s): The following License(s): B001± B002± B003± B004± B005± B006± B007± B008± B009± B010± B011± B012± B013± B014± B015± B016± B017± B018± B019± B020± B021± B022± B023± B024± B025± B026± B027± B028± B029± B030± B031± B032± B033± B034± B035± B036± B037± B038± B039± B040± B041± B042± B043± B044± B045± B046± B047± B048± B049± B050± B051± B052± B053± B054± B055± B056± B057± B058± B059± B060± B061± B062± B063± B064± B065± B066± B067± B068± B069± B070± B071± B072± B073± B074± B075± B076± B077± B078± B079± B080± B081± B082± B083± B084± B085± B086± B087± B088± B089± B090± B091± B092± B093± B094± B095± B096± B097± B098± B099± B100± B101± B102± B103± B104± B105± B106± B107± B108± B109± B110± B111± B112± B113± B114± B115± B116± B117± B118± B119± B120± B121± B122± B123± B124± B125± B126± B127± B128± B129± B130± B131± B132± B133± B134± B135± B136± B137± B138± B139± B140± B141± B142± B143± B144± B145± B146± B147± B148± B149± B150± B151± B152± B153± B154± B155± B156± B157± B158± B159± B160± B161± B162± B163± B164± B165± B166± B167± B168± B169± B170± B171± B172± B173± B174± B175± B176± B177± B178± B179± B180± B181± B182± B183± B184± B185± B186± B187± B188± B189± B190± B191± B192± B193± B194± B195± B196± B197± B198± B199± B200± B201± B202± B203± B204± B205± B206± B207± B208± B209± B210± B211± B212± B213± B214± B215± B216± B217± B218± B219± B220± B221± B222± B223± B224± B225± B226± B227± B228± B229± B230± B231± B232± B233± B234± B235± B236± B237± B238± B239± B240± B241± B242± B243± B244± B245± B246± B247± B248± B249± B250± B251± B252± B253± B254± B255± B256± B257± B258± B259± B260± B261± B262± B263± B264± B265± B266± B267± B268± B269± B270± B271± B272± B273± B274± B275± B276± B277± B278± B279± B280± B281± B282± B283± B284± B285± B286± B287± B288± B289± B290± B291± B292± B293± B294± B295± B296± B297± B298± B299± B300± B301± B302± B304± B305± B306± B307± B308± B309± B310± B311± B312± B313± B314± B315± B316± B317± B318± B319± B320± B321± B322± B323± B324± B325± B326± B327± B328± B329± B330± B331± B332± B333± B334± B335± B336± B337± B338± B339± B340± B341± B342± B343± B344± B345± B346± B347± B348± B349± B350± B351± B352± B353± B354± B355± B356± B357± B358± B359± B360± B361± B362± B363± B364± B365± B366± B367± B368± B369± B370± B371± B372± B373± B374± B375± B376± B377± B378± B379± B380± B381± B382± B383± B384± B385± B386± B387± B388± B389± B390± B391± B392± B393± B394± B395± B396± B397± B398± B399± B400± B401± B402± B403± B404± B405± B406± B407± B408± B409± B410± B411± B412± B413± B414± B415± B416± B417± B418± B419± B420± B421± B422± B423± B424± B425± B426± B427± B428± B429± B430± B431± B432± B433± B435± B436± B437± B438± B439± B440± B441± B442± B443± B444± B445± B446± B447± B448± B449± B450± B451± B452± B453± B454± B455± B456± B457± B458± B459± B460± B461± B462± B463± B464± B465± B466± B467± B468± B469± B470± B471± B472± B473± B474± B475± B476± B477± B478± B479± B480± B481± B482± B483± B484± B485± B486± B487± B488± B489± B490± B491± B492± B493±. 0411787309 The Corcoran Group Inc. The following License(s): All. 8015326060 Transworld Holdings, Inc. 55268 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
FCC Account Waiver re- No. Name quested
The following License(s): B016± B020± B036± B055± B072± B074± B079± B091± B110± B133± B147± B157± B174± B177± B178± B189± B228± B291± B303± B312± B331± B335± B358± B371± B372± B389± B395± B402± B404± B413± B425± B434± B436± B458± B460± B468± B482± B485± 0640849646 TruVision Cable, Inc. The following License(s): All. 0470779045 USA Wireless Cable, Inc. The following License(s): B053± B149± B167± B172± B185± B224± B277± B300± B378± B411± 0003476562 USLink, Inc. The following License(s): B001± B037± B05± B54± B113± B119± B123± B138± B142± B166± B199± B207± B277± B298± B299± B301± B378± B391± B422± B464± B476± B477± B481. 0742556235 United States Wireless Cable, Inc The following License(s): B001± B002± B003± B004± B005± B006± B007± B008± B009± B010± B011± B012± B013± B014± B015± B016± B017± B018± B019± B020± B021± B022± B023± B024± B025± B026± B027± B028± B029± B030± B031± B032± B033± B034± B035± B036± B037± B038± B039± B040± B041± B042± B043± B044± B045± B046± B047± B048± B049± B050± B051± B052± B053± B054± B055± B056± B057± B058± B059± B060± B061± B062± B063± B064± B065± B066± B067± B068± B069± B070± B071± B072± B073± B074± B075± B076± B077± B078± B079± B080± B081± B082± B083± B084± B085± B086± B087± B088± B089± B090± B091± B092± B093± B094± B095± B096± B097± B098± B099± B100± B101± B102± B103± B104± B105± B106± B107± B108± B109± B110± B111± B112± B113± B114± B115± B116± B117± B118± B119± B120± B121± B122± B123± B124± B125± B126± B127± B128± B129± B130± B131± B132± B133± B134± B135± B136± B137± B138± B139± B140± B141± B142± B143± B144± B145± B146± B147± B148± B149± B150± B151± B152± B153± B154± B155± B156± B157± B158± B159± B160± B161± B162± B163± B164± B165± B166± B167± B168± B169± B170± B171± B172± B173± B174± B175± B176± B177± B178± B179± B180± B181± B182± B183± B184± B185± B186± B187± B188± B189± B190± B191± B192± B193± B194± B195± B196± B197± B198± B199± B200± B201± B202± B203± B204± B205± B206± B207± B208± B209± B210± B211± B212± B213± B214± B215± B216± B217± B218± B219± B220± B221± B222± B223± B224± B225± B226± B227± B228± B229± B230± B231± B232± B233± B234± B235± B236± B237± B238± B239± B240± B241± B242± B243± B244± B245± B246± B247± B248± B249± B250± B251± B253± B254± B255± B256± B257± B258± B259± B260± B261± B262± B263± B264± B265± B266± B267± B268± B269± B270± B271± B272± B273± B274± B275± B276± B277± B278± B279± B280± B281± B282± B283± B284± B285± B286± B287± B288± B289± B290± B291± B292± B293± B294± B295± B296± B297± B298± B299± B300± B301± B302± B303± B304± B305± B306± B307± B308± B309± B310± B311± B312± B313± B314± B315± B316± B317± B318± B319± B320± B321± B322± B323± B324± B325± B326± B327± B328± B329± B330± B331± B332± B333± B334± B335± B336± B337± B338± B339± B340± B341± B342± B343± B344± B345± B346± B347± B348± B349± B350± B351± B352± B353± B354± B355± B356± B357± B358± B359± B360± B361± B362± B363± B364± B365± B366± B367± B368± B369± B370± B371± B372± B373± B374± B375± B376± B377± B378± B379± B381± B382± B383± B384± B385± B386± B387± B388± B389± B390± B391± B392± B393± B394± B395± B396± B397± B398± B399± B400± B401± B402± B403± B404± B405± B406± B407± B408± B409± B410± B411± B412± B413± B414± B415± B416± B417± B418± B419± B420± B421± B422± B423± B424± B425± B426± B427± B428± B429± B430± B431± B432± B433± B434± B435± B436± B437± B438± B439± B440± B441± B442± B443± B444± B445± B446± B447± B448± B449± B450± B451± B452± B453± B454± B455± B456± B457± B458± B459± B460± B461± B462± B463± B464± B465± B466± B467± B468± B469± B470± B471± B472± B473± B474± B475± B476± B477± B478± B479± B480± B481± B482± B483± B484± B485± B486± B487± B488± B489± B490± B491± B492± B493±. 0411625664 Upsala Telecommunications Technetronics, Inc. The following License(s): B391± 0860479381 Valley Telecommunications, Inc. The following License(s): B244± B347± B420± 0030324249 Vermont Rural Communications Development The following License(s): B063± B249± B352± B388± 0581816252 Vidcomm, Inc. The following License(s): All. 0860529254 Virginia Communications, Inc. The following License(s): All. 0341680207 W.A.T.C.H. TV Company The following License(s): All. 8097227815 WHTV Broadcasting Corp. The following License(s): B488± B489± 0383198317 WJT Enterprise, Inc. The following License(s): B033± B039± B209± B223± B310 0870440922 Walter Communications, Inc. The following License(s): All. 0541499768 Wave International, Inc. The following License(s): All. 0570336544 West Carolina Rural Telephone Cooperative, Inc. The following License(s): B016± B178± 2174836444 Western Horizons, Inc. The following License(s): All. 5152772333 Western States Wireless, L.P. The following License(s): B041± B053± B064±, B069± B077± B089± B149± B168± B171± B172± B188± B224± B300± B366± B375± B381± 3036491195 Wireless Boardcasting Systems of America, Inc. The following License(s): All. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55269
FCC Account Waiver re- No. Name quested
0223378353 Wireless Cable International Inc. The following License(s): B362± 0330549489 Wireless Cable, Ltd., Ptrs. The following License(s): B190± 0650150718 Wireless Cable of Florida, Inc. The following License(s): B408± B410± 5049267778 Wireless One of North Carolina, L.L.C. The following License(s): B020± B062± B074± B141± B165± B174± B176± B177± B189± B214± B284± B316± B324± B368± B377± B382± B478 0721256021 Wireless One, Inc. The following License(s): B006± B009± B016± B017± B022± B024± B026± B032± B034± B042± B044± B047± B048± B049± B052± B058± B059± B066± B067± B072± B076± B081± B083± B085± B091± B092± B093± B094± B096± B098± B102± B107± B108± B115± B120± B125± B135± B146± B147± B151± B152± B154± B158± B159± B160± B175± B178± B180± B186± B195± B196± B197± B198± B210± B211± B212± B219± B229± B232± B236± B238± B239± B246± B252± B257± B260± B263± B265± B269± B271± B273± B289± B290± B292± B293± B295± B302± B304± B305± B308± B312± B313± B314± B315± B320± B326± B334± B335± B336± B338± B339± B340± B343± B348± B359± B384± B408± B410± B415± B419± B423± B436± B439± B440± B441± B449± B450± B452± B454± B455± B456± B467± B469± B474± B491± 0232743641 Wireless Telecommunications, Inc. The following License(s): B116± B124± B179± B181± B201± B227± B240± B249± B252± B266± B313± B342± B357± B360± B370± B398± B405± B406± B408± B483± 4076827104 World Wide Wireless, L.P. The following License(s): All.
Attachment B—FCC Multipoint Distribution Srvc Auction, Form 175 Incomplete List (Initial), Auction ID: 6 (Sorted by Applicant) Date of Report: 10/13/95 The following entries have been found to be deficient in completing their Form 175 for the following reasons:
FCC Account Waiver re- No. Name Error description quested
0411616965 American Wireless Systems, Inc ...... Invalid Attachments. 4076473952 Arch Family Limited Partnership, James A ...... Missing Fax Number. 0954459481 Beaumont Broadcasting Company ...... Missing Fax Number. 371261027 Bolin communications, Inc ...... Missing/Invalid FCC Account Number. 7706671145 CARL DAVIS ...... Missing Contact Person, Missing Authorized Name, Missing Certifying Title. 0592554589 Gulfstream Communications Co ...... Invalid License Data. 630090050 Gulf Coast Services, Inc ...... Missing/Invalid FCC Account Number. 0470781314 Harders Broadcasting ...... Invalid Attachments. 7178464738 ICC ...... Invalid License Data. 3015591382 Isis International, Inc ...... Missing Contact Person. 7038934699 Kristen E. Huber ...... Invalid Attachments. 421387946 Metro Business Journal, Inc ...... Missing/Invalid FCC Account Number. 0408248111 Mike Cooper Company ...... Missing Certifying Title. 0850366523 Multimedia Development Corpor ...... Invalid Attachments. 000000000 Melvin Porter Watson Watson Enterprise ...... Missing Date, Missing Fax Number, Missing/Invalid FCC Account Number. 0364005710 Midwest PCS Incorporated ...... Missing Contact Person. 0030330109 New England Wireless, Inc ...... Invalid License Data. 8045232549 Phoenix Data Communications, Inc ...... Missing Contact Person. 9082332205 Shilpa K. Patel M.M.R.S. Inc ...... Missing Fax Number. 0223399351 Shilpa K. Patel KPA Inc ...... Missing Fax Number, Invalid License Data. 8608891016 Shoreline Wireless Cable T.V. Peter Papp ...... Missing Fax Number. 954394011 Wireless Enterprises, Inc ...... Missing/Invalid FCC Account Number. 55270 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
[FR Doc. 95–26799 Filed 10–27–95; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is Black Sea Shipping Company (d/b/a BILLING CODE 6712±01±M&P hereby given that, effective this date and Royal Venture Cruise Line), c/o pursuant to the authority vested in the Odessa America Cruise Company, 170 Director of the Federal Emergency Old Country Road, Suite 608, FEDERAL EMERGENCY Management Agency under Executive Mineola, New York 11501 MANAGEMENT AGENCY Order 12148, I hereby appoint Jose A. Bravo of the Federal Emergency Vessel: UKRAINA [FEMA±1068±DR] Management Agency to act as the Dated: October 23, 1995. Commonwealth of Puerto Rico; Federal Coordinating Officer for this Joseph C. Polking, Amendment to Notice of a Major declared disaster. Secretary. This action terminates my Disaster Declaration [FR Doc. 95–26783 Filed 10–27–95; 8:45 am] appointment of G. Clay Hollister as AGENCY: Federal Emergency Federal Coordinating Officer for this BILLING CODE 6730±01±M Management Agency (FEMA). disaster. ACTION: Notice. (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) [Docket No. 95±17] SUMMARY: This notice amends the notice James L. Witt, of a major disaster for the Dot Trading, Inc. and Danny Apelboim Director. Commonwealth of Puerto Rico (FEMA– v. Ocean Eagle Container Line, Inc. 1068–DR), dated September 16, 1995, [FR Doc. 95–26849 Filed 10–27–95; 8:45 am] and Nathaniel Abrams and Daniel and related determinations. BILLING CODE 6718±02±P Abrams; Notice of Filing of Complaint EFFECTIVE DATE: October 20, 1995. and Assignment FOR FURTHER INFORMATION CONTACT: Notice is given that a complaint filed Pauline C. Campbell, Response and FEDERAL MARITIME COMMISSION by Dot Trading, Inc. and Danny Recovery Directorate, Federal Apelboim (‘‘Complainants’’) against Emergency Management Agency, Security for the Protection of the Washington, DC 20472, (202) 646–3606. Public, Indemnification of Passengers Ocean Eagle Container Line, Inc. and for Nonperformance of Transportation; Nathanie Abrams and Daniel Abrams SUPPLEMENTARY INFORMATION: Notice is Issuance of Certificate (Performance) (‘‘Respondents’’) was served October 25, hereby given that, effective this date and 1995. Complainants allege that pursuant to the authority vested in the Notice is hereby given that the Respondents have violated sections Director of the Federal Emergency following have been issued a Certificate 10(b)(6)(D), 10(b)(12), and 10(d)(1) of the Management Agency under Executive of Financial Responsibility for Shipping Act of 1984, 46 U.S.C. app. Order 12148, I hereby appoint Marianne Indemnification of Passengers for section 1709(b)(6)(D), (b)(12) and (d)(1), Jackson of the Federal Emergency Nonperformance of Transportation in connection with a shipment of Management Agency to act as the pursuant to the provisions of Section 3, dented cans of food from Miami, Florida Federal Coordinating Officer for this Public Law 89–777 (46 U.S.C. 817(e)) to Port Au Prince, Haiti. declared disaster. and the Federal Maritime Commission’s This action terminates my implementing regulations at 46 C.F.R. This proceeding has been assigned to appointment of Jose Bravo as Federal Part 540, as amended: the office of Administrative Law Judges. Hearing in this matter, if any is held, Coordinating Officer for this disaster. Royal Caribbean Cruises Ltd., 1050 shall commence within the time (Catalog of Federal Domestic Assistance No. Caribbean Way, Miami, Florida limitations prescribed in 46 CFR 502.61, 83.516, Disaster Assistance) 33132–2096 James L. Witt, and only after consideration has been Vessels: ENCHANTMENT OF THE given by the parties and the presiding Director. SEAS and RHAPSODY OF THE SEAS officer to the use of alternative forms of [FR Doc. 95–26850 Filed 10–27–95; 8:45 am] Dated: October 25, 1995. dispute resolution. The hearing shall BILLING CODE 6718±02±P Joseph C. Polking, include oral testimony and cross- Secretary. examination in the discretion of the [FEMA±1067±DR] [FR Doc. 95–26861 Filed 10–27–95; 8:45 am] presiding officer only upon proper BILLING CODE 6730±01±M showing that there are genuine issues of U.S. Virgin Islands; Amendment to material fact that cannot be resolved on Notice of a Major Disaster Declaration the basis of sworn statements, affidavits, depositions, or other documents or that AGENCY: Federal Emergency Security for the Protection of the Management Agency (FEMA). Public, Indemnification of Passengers the nature of the matter in issue is such for Nonperformance of Transportation; that an oral hearing and cross- ACTION: Notice. Notice of Issuance of Certificate examination are necessary for the SUMMARY: This notice amends the notice (Performance) development of an adequate record. Pursuant to the further terms of 46 CFR of a major disaster for the U.S. Virgin Notice is hereby given that the Islands (FEMA–1067–DR), dated 502.61, the initial decision of the following have been issued a Certificate presiding officer in this proceeding shall September 16, 1995, and related of Financial Responsibility for determinations. be issued by October 25, 1996, and the Indemnification of Passengers for final decision of the Commission shall EFFECTIVE DATE: October 20, 1995. Nonperformance of Transportation be issued by February 25, 1997. FOR FURTHER INFORMATION CONTACT: pursuant to the provisions of Section 3, Pauline C. Campbell, Response and Public Law 89–777 (46 U.S.C. § 817(e)) Joseph C. Polking, Recovery Directorate, Federal and the Federal Maritime Commission’s Secretary. Emergency Management Agency, implementing regulations at 46 CFR Part [FR Doc. 95–26859 Filed 10–27–95; 8:45 am] Washington, DC 20472, (202) 646–3606. 540, as amended: BILLING CODE 6730±01±M Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55271
[Docket No. 95±18] forth in paragraph 7 of the Act (12 A. Federal Reserve Bank of Atlanta U.S.C. 1817(j)(7)). (Zane R. Kelley, Vice President) 104 United Van Lines, Inc. and United Van The notice is available for immediate Marietta Street, N.W., Atlanta, Georgia Lines International, Inc. v. United inspection at the Federal Reserve Bank 30303: Shipping USA, Inc.; Notice of Filing of indicated. Once the notice has been 1. Hibernia Corporation, New Complaint and Assignment accepted for processing, it will also be Orleans, Louisiana; to merge with Notice is given that a complaint filed available for inspection at the offices of Bunkie Bancshares, Inc., Bunkie, by United Van Lines, Inc. and United the Board of Governors. Interested Louisiana, and thereby indirectly persons may express their views in Van Lines International, Inc. acquire Bunkie Bank & Trust Company, writing to the Reserve Bank indicated (‘‘Complainants’’) against United Bunkie, Louisiana. for the notice or to the offices of the Shipping USA, Inc. (‘‘Respondent’’) was Board of Governors of the Federal Reserve Board of Governors. Comments must be served October 25, 1995. Complainants System, October 24, 1995. received not later than November 13, allege that Respondent has violated Jennifer J. Johnson, 1995. sections 10(d)(1) and 19(a) of the A. Federal Reserve Bank of Dallas Deputy Secretary of the Board. Shipping Act of 1984, 46 U.S.C. app. (Genie D. Short, Vice President) 2200 [FR Doc. 95–26864 Filed 10–27–95; 8:45 am] § 1709(d)(1) and § 1718(a) by illegally North Pearl Street, Dallas, Texas 75201- BILLING CODE 6210±01±F appropriating complainants’ name and 2272: good will as an NVOCC and by utilizing 1. Roy Edward Aldwell, II, New York, complainants’ name and goodwill in New York; to acquire an additional 1.62 DEPARTMENT OF HEALTH AND acting and holding itself out as a freight percent, for a total of 11.35 percent, of HUMAN SERVICES forwarder without being licensed by the the voting shares First Sonora Commission. Bancshares, Inc., Sonora, Texas, and Agency for Toxic Substances and This proceeding has been assigned to thereby indirectly acquire First National Disease Registry the office of Administrative Law Judges. Bank, Sonora, Texas. [ATSDR±99] Hearing in this matter, if any is held, Board of Governors of the Federal Reserve shall commence within the time System, October 24, 1995. Quarterly Public Health Assessments limitations prescribed in 46 CFR 502.61, Jennifer J. Johnson, Completed and only after consideration has been given by the parties and the presiding Deputy Secretary of the Board. AGENCY: Agency for Toxic Substances officer to the use of alternative forms of [FR Doc. 95–26863 Filed 10–27–95; 8:45 am] and Disease Registry (ATSDR), dispute resolution. The hearing shall BILLING CODE 6210±01±F Department of Health and Human include oral testimony and cross- Services (HHS). examination in the discretion of the ACTION: Notice. Hibernia Corporation; Formation of, presiding officer only upon proper Acquisition by, or Merger of Bank showing that there are genuine issues of SUMMARY: This notice is a quarterly Holding Companies material fact that cannot be resolved on announcement which contains the the basis of sworn statements, affidavits, The company listed in this notice has following: A list of sites for which depositions, or other documents or that applied for the Board’s approval under ATSDR has completed public health the nature of the matter in issue is such section 3 of the Bank Holding Company assessments during the period April– that an oral hearing the cross- Act (12 U.S.C. 1842) and § 225.14 of the June 1995. This list includes sites that examination are necessary for the Board’s Regulation Y (12 CFR 225.14) to are on, or proposed for inclusion on, the development of an adequate record. become a bank holding company or to National Priorities List (NPL), and non- Pursuant to the further terms of 46 CFR acquire a bank or bank holding NPL sites for which ATSDR has 502.61, the initial decision of the company. The factors that are prepared a public health assessment, presiding officer in this proceeding shall considered in acting on the applications and a site for which an assessment was be issued by October 25, 1996, and the are set forth in section 3(c) of the Act prepared in response to a request from final decision of the Commission shall (12 U.S.C. 1842(c)). the public. be issued by February 25, 1997. The application is available for FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, immediate inspection at the Federal Robert C. Williams, P.E., DEE, Director, Division of Health Assessment and Secretary. Reserve Bank indicated. Once the Consultation, Agency for Toxic FR Doc. 95–26860 Filed 10–27–95; 8:45 am] application has been accepted for processing, it will also be available for Substances and Disease Registry, 1600 BILLING CODE 6730±01±M inspection at the offices of the Board of Clifton Road, NE., Mailstop E–32, Governors. Interested persons may Atlanta, Georgia 30333, telephone (404) express their views in writing to the 639–0610. FEDERAL RESERVE SYSTEM Reserve Bank indicated for that SUPPLEMENTARY INFORMATION: The most Roy Edward Aldwell, II; Change in application or to the offices of the Board recent list of completed public health Bank Control Notice; Acquisition of of Governors. Any comment on an assessments and public health Shares of Banks or Bank Holding application that requests a hearing must assessments with addenda was Companies include a statement of why a written published in the Federal Register on presentation would not suffice in lieu of August 22, 1995, [60FR 43597]. The The notificant listed below has a hearing, identifying specifically any quarterly announcement is the applied under the Change in Bank questions of fact that are in dispute and responsibility of ATSDR under the Control Act (12 U.S.C. 1817(j)) and § summarizing the evidence that would regulation, Public Health Assessments 225.41 of the Board’s Regulation Y (12 be presented at a hearing. and Health Effects Studies of Hazardous CFR 225.41) to acquire a bank or bank Comments regarding this application Substances Releases and Facilities [42 holding company. The factors that are must be received not later than CFR Part 90]. This rule sets forth considered in acting on notices are set November 24, 1995. ATSDR’s procedures for the conduct of 55272 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices public health assessments under section New Jersey prepared by ATSDR for review and 104(i) of the Comprehensive Curcio Scrap Metal, Incorporated— comment. Environmental Response, Saddle Brook Township—(PB95– DATES: Comments on these draft Compensation, and Liability Act 219390) toxicological profiles must be received (CERCLA), as amended by the Garden State Cleaners—Minotola— on or before February 20, 1996. Superfund Amendments and (PB95–216974) Comments received after the close of the Reauthorization Act (SARA) [42 U.S.C. South Jersey Clothing Company— public comment period will be 9604(i)]. Minotola—(PB95–216974) considered at the discretion of ATSDR New York Availability based upon what is deemed to be in the Carroll & Dubies Sewage Disposal— best interest of the general public. Port Jervis—(PB95–216842) The completed public health ADDRESSES: Requests for copies of the Ohio assessments are available for public draft toxicological profiles or comments North Sanitary Landfill—Dayton— inspection at the Division of Health regarding the draft toxicological profiles Assessment and Consultation, Agency Dayton—(PB95–219333) Oregon should be sent to the attention of Ms. for Toxic Substances and Disease Kim E. Jenkins, Division of Toxicology, Registry, Building 33, Executive Park McCormick & Baxter Creosoting Company (Portland)—Portland— Agency for Toxic Substances and Drive, Atlanta, Georgia (not a mailing Disease Registry, Mailstop E–29, 1600 address), between 8 a.m. and 4:30 p.m., (PB95–232765) Pennsylvania Clifton Road, NE., Atlanta, Georgia Monday through Friday, except legal 30333. holidays. The completed public health Crater Resources/Keystone Coke/Alan Wood—King of Prussia—(PB95– Requests for the draft toxicological assessments are also available by mail profiles must be in writing. Please through the U.S. Department of 216628) UGI Columbia Gas Plant—Columbia— specify the profiled hazardous Commerce, National Technical substance(s) you wish to receive. Information Service (NTIS), 5285 Port (PB95–226411) Wisconsin ATSDR reserves the right to provide Royal Road, Springfield, Virginia 22161, only one copy of each profile requested, or by telephone at (703) 487–4650. A Ripon City Landfill—Ripon—(PB95– 209458) free of charge. In case of extended charge is applied by NTIS for these distribution delays, requestors will be public health assessments. The NTIS Non-NPL Petitioned Site notified. order numbers are listed in parentheses Pennsylvania Written comments and other data following the site name. Cabot-Wrought Products—Division of submitted in response to this notice and Public Health Assessments Completed Cabot Corporation (A/K/A NGK the draft toxicological profiles should or Issued Metals/Cabot Berylco, bear the docket control number ATSDR– 102. Send one copy of all comments and Between April 1, 1995 and June 30, Incorporated)—Muhlenberg— (PB95–242533) three copies of all supporting 1995, public health assessments were documents to the Division of Toxicology issued for the sites listed below: Dated: October 24, 1995. Claire V. Broome, at the above address by the end of the NPL Sites Deputy Administrator, Agency for Toxic comment period. All written comments and draft profiles will be available for California Substances and Disease Registry. public inspection at the ATSDR, McCormick & Baxter Creosoting [FR Doc. 95–26823 Filed 10–27–95; 8:45 am] Building 4, Executive Park Drive, Company—Stockton—(PB95– BILLING CODE 4163±70±P Atlanta, Georgia (not a mailing address), 203667) Colorado from 8:00 a.m. until 4:30 p.m., Monday Asarco, Incorporated (Globe Plant)— Agency For Toxic Substances and through Friday, except for legal Denver—(PB95–219716) Disease Registry holidays. Because all public comments regarding ATSDR toxicological profiles Florida [ATSDR±102] Chevron Chemical Company (Ortho are available for public inspection, no Division)—Orlando—(PB95– Availability of Draft Toxicological confidential business information 219184) Profiles should be submitted in response to this notice. Escambia Wood—Pensacola (A/K/A AGENCY: Agency for Toxic Substances Escambia Treating Company)— and Disease Registry (ATSDR), FOR FURTHER INFORMATION CONTACT: Ms. Pensacola—(PB95–226239) Department of Health and Human Kim E. Jenkins, Division of Toxicology, Hipps Road Landfill—Jacksonville— Services (HHS). Agency for Toxic Substances and (PB95–226171) ACTION: Notice of availability. Disease Registry, Mailstop E–29, 1600 Illinois Clifton Road, NE., Atlanta, Georgia SUMMARY: The Comprehensive Velsicol Chemical Corporation 30333, telephone (404) 639–6357. (Illinois)—Marshall—(PB95– Environmental Response, 220703) Compensation, and Liability Act of 1980 SUPPLEMENTARY INFORMATION: The Louisiana (CERCLA), as amended by the Superfund Amendments and Combustion, Incorporated—Denham Superfund Amendments and Reauthorization Act (SARA) (Pub. L. Springs—(PB95–227807) Gulf Coast Reauthorization Act of 1986 (SARA) (42 99–499) amends the Comprehensive Vacuum Services—Abbeville— U.S.C. 9604(i)(3)) directs the Environmental Response, (PB95–227799) Administrator of ATSDR to prepare Compensation, and Liability Act Massachusetts toxicological profiles of priority (CERCLA or Superfund) (42 U.S.C. 9601 New Bedford Site—New Bedford— hazardous substances and to revise and et seq.) by establishing certain (PB95–216875) republish each toxicological profile as responsibilities for the ATSDR and the New Hampshire necessary. This notice announces the Environmental Protection Agency (EPA) New Hampshire Plating Company— availability of eight updated drafts and with regard to hazardous substances Merrimack—(PB95–240586) three new draft toxicological profiles which are most commonly found at Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55273 facilities on the CERCLA National FOR FURTHER INFORMATION CONTACT: Ms. Docu- Hazardous sub- CAS No. Priorities List (NPL). Among these ment stance Kim E. Jenkins, Agency for Toxic statutory provisions is that the Substances and Disease Registry, Administrator of ATSDR prepare Thiocyanate ...... 000302±04±5 Division of Toxicology, 1600 Clifton toxicological profiles for substances Potassium Cyanide . 151±50±8 Calcium Cyanide ..... 592±01±8 Road, NE., Mailstop E–29, Atlanta, included on the priority lists of Copper(I) Cyanide ... 544±92±3 Georgia 30333, telephone (404) 639– hazardous substances. These lists Potassium Silver Cy- 506±61±6 6357. identified 275 hazardous substances anide. that ATSDR and EPA determined pose Cyanogen ...... 460±19±5 SUPPLEMENTARY INFORMATION: The the most significant potential threat to Cyanogen Chloride .. 506±77±4 Superfund Amendments and human health. The availability of the 6 ...... Dichlorvos ...... 62±73±7 Reauthorization Act (SARA) (Pub. L. revised priority list of 275 hazardous 7 ...... Nickel ...... 007440±02±0 99–499) amends the Comprehensive Nickel Chloride ...... 007718±54±9 substances was announced in the Environmental Response, Nickel Oxide ...... 1313±99±1 Compensation, and Liability Act Federal Register on February 28, 1994 Nickel Sulfate ...... 7786±81±4 (59 FR 9486). For prior versions of the Nickel Subsulfide ..... 12035±72±2 (CERCLA or Superfund) (42 U.S.C. 9601 list of substances see Federal Register Nickel Acetate ...... 373±02±4 et seq.) by establishing certain notices dated April 17, 1987 (52 FR Nickel Nitrate ...... 13138±45±9 requirements for ATSDR and the 12866); October 20, 1988 (53 FR 41280); 8 ...... Polychlorinated 001336±36±3 Environmental Protection Agency (EPA) October 26, 1989 (54 FR 43619); October Biphenyls. with regard to hazardous substances 17, 1990 (55 FR 42067); October 17, Aroclor 1016 ...... 012674±11±2 which are most commonly found at Aroclor 1221 ...... 011104±28±2 1991 (56 FR 52166); and October 28, Aroclor 1232 ...... 011141±16±5 facilities on the CERCLA National 1992 (57 FR 48801). CERCLA also Aroclor 1242 ...... 053469±21±9 Priorities List (NPL). Among these requires ATSDR to assure the initiation Aroclor 1248 ...... 012672±29±6 statutory requirements is a mandate for of a research program to fill data needs Aroclor 1254 ...... 011097±69±1 the Administrator of ATSDR to prepare associated with the substances. Aroclor 1260 ...... 011096±82±5 toxicological profiles for each substance Section 104(i)(3) of CERCLA [42 Aroclor 1262 ...... 37324±23±5 included on the priority lists of Aroclor 1268 ...... 11100±14±4 U.S.C. 9604(i)(3)] outlines the content of hazardous substances. These lists these profiles. Each profile is required to 9 ...... Tetrachloroethylene . 000127±18±4 10 ...... Trichloroethylene ..... 000079±01±6 identified 275 hazardous substances include an examination, summary and 11 ...... Vinyl Chloride ...... 000075±01±4 that ATSDR and EPA determined pose interpretation of available toxicological the most significant potential threat to information and epidemiologic All profiles issued as ‘‘Drafts for human health. The availability of the evaluations. This information and these Public Comment’’ represent the agency’s revised list of the 275 most hazardous data are to be used to ascertain the best efforts to provide important substances was announced in the levels of significant human exposure for toxicological information on priority Federal Register on February 28, 1994 the substance and the associated health hazardous substances in compliance (59 FR 9486). For prior versions of the effects. The profiles must also include a with the substantive and procedural list of substances see Federal Register determination of whether adequate requirements of Section 104(i)(3) of notices dated April 17, 1987 (52 FR information on the health effects of each CERCLA, as amended. As in the past, 12866); October 20, 1988 (53 FR 41280); substance is available or in the process we are seeking public comments and October 26, 1989 (54 FR 43619); October of development. When adequate additional information which may be 17, 1990 (55 FR 42067); October 17, information is not available, ATSDR, in used to supplement these profiles. 1991 (56 FR 52166) and October 28, cooperation with the National ATSDR remains committed to providing 1992 (57 FR 48801). Toxicology Program (NTP), is required a public comment period for these to assure the initiation of research to documents as a means to best serve Notice of the availability of drafts of determine these health effects. public health and our clients. the seventh set of 11 toxicological Although key studies for each of the profiles for public review and comment substances were considered during the Dated: October 24, 1995. was published in the Federal Register profile development process, this Claire V. Broome, on October 18, 1993 (57 FR 53739), with Federal Register notice is to solicit any Deputy Administrator, Agency for Toxic notice of a 90-day public comment additional studies, particularly Substances and Disease Registry. period for each profile, starting from the unpublished data and ongoing studies, [FR Doc. 95–26824 Filed 10–27–95; 8:45 am] actual release date. Following the close for possible addition to the profiles now BILLING CODE 4163±70±P of each comment period, chemical- or in the future. specific comments were addressed, and The following draft toxicological [ATSDR±101] where appropriate, changes were profiles are expected to be available to incorporated into each profile. The the public on or about October 17, 1995. Availability of Final Toxicological public comments, the classification of Profiles and response to those comments, and Docu- Hazardous sub- CAS No. other data submitted in response to the ment stance AGENCY: Agency for Toxic Substances and Disease Registry (ATSDR), Federal Register notice bear the docket 1 ...... Benzene ...... 000071±43±2 Department of Health and Human control number ATSDR–75. This 2 ...... Chlorfenvinfos ...... 470±90±6 Services (HHS). material is available for public 3 ...... Chloroform ...... 000067±66±3 inspection at the Division of Toxicology, ACTION: Notice of availability. 4 ...... Chlorpyrifos ...... 002921±88±2 Agency for Toxic Substances and 5 ...... Cyanide ...... 000057±12±5 SUMMARY: Disease Registry, Building 4, Suite 2400, Ammonium 001762±95±4 This notice announces the Thiocyanate. availability of five final and six updated Executive Park Drive, Atlanta, Georgia, Cyanazine ...... 021725±46±2 final toxicological profiles of priority (not a mailing address) between 8 a.m. Hydrogen Cyanide ... 000074±90±8 hazardous substances comprising the and 4:30 p.m., Monday through Friday, Sodium Cyanide ...... 000143±33±9 seventh set prepared by ATSDR. except legal holidays. 55274 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
Availability seventh set. The following toxicological 5285 Port Royal Road, Springfield, This notice announces the availability profiles are now available through the Virginia 22161, telephone 1–800–553– of five final and six updated final U.S. Department of Commerce, National 6847. There is a charge for these profiles toxicological profiles comprising the Technical Information Service (NTIS), as determined by NTIS.
Toxicological profile NTIS Order No. CAS No.
Seventh Set: 1. Asbestos (UPDATE) ...... PB95±264305 1332±21±4 Actinolite ...... 13768±00±8 Amosite ...... 12172±73±5 Anthophyllite ...... 17968±78±9 Chrysotile ...... 12001±29±5 Crocidolite ...... 12001±28±4 Tremolite ...... 14567±73±8 2. Benzidine (UPDATE) ...... PB95±264313 92±87±5 3. Dinitrocresols ...... PB95±264321 2167±18±9 4,6-Dinitro-O-cresol ...... 534±52±1 Dinitro-O-cresol ...... 335±85±9 497±56±3 Dinitro-P-cresol ...... 609±93±8 63989±82±2 Dinitro-M-cresol ...... 616±73±9 4. Dinitrophenols ...... PB95±264339 ...... 2,4-Dinitrophenol ...... 51±28±5 2,6-Dinitrophenol ...... 573±56±8 2,5-Dinitrophenol ...... 329±71±5 2,3-Dinitrophenol ...... 66±56±8 3,5-Dinitrophenol ...... 586±11±8 3,4-Dinitrophenol ...... 577±71±5 5. Disulfoton ...... PB95±264347 298±04±4 6. Mirex ...... PB95±264354 2385±85±5 Chlordecone ...... 143±50±0 7. Naphthalene (UPDATE) ...... PB95±264362 91±20±3 2-Methylnaphthalene ...... 91±57±6 1-Methylnaphthalene ...... 90±12±0 8. Polycyclic Aromatic Hydrocarbons (PAHs) (UPDATE) ...... PAHs PB95±264370 Acenaphthene ...... 83±32±9 Acenaphthylene ...... 208±96±8 Anthracene ...... 120±12±7 Benzo(a)anthracene ...... 56±55±3 Benzo(a)pyrene ...... 50±32±8 Benzo(e)pyrene ...... 192±97±2 Benzo(b)fluoranthene ...... 205±99±2 Benzo(j)fluoranthene ...... 205±82±3 Benzo(k)fluoranthene ...... 207±08±9 Benzo(g,h,i)perylene ...... 191±24±2 Chrysene ...... 218±01±9 Dibenzo(a,h)anthracene ...... 53±70±3 Fluoranthene ...... 206±44±0 Fluorene ...... 86±73±7 Indeno(1,2,3-cd)pyrene ...... 193±39±5 Phenanthrene ...... 85±01±8 Pyrene ...... 129±00±0 9. Polybrominated Biphenyls (PBBs) ...... PB95±264388 ...... Hexabromobiphenyls ...... 67774±32±7 59536±65±1 36355±01±8 Octabromobiphenyls ...... 612288±13±9 Decabromobiphenyls ...... 13654±09±6 39282±95±6 10. 1,1,1-Trichloroethane (UPDATE) ...... PB95±264396 71±55±6 11. Xylenes (UPDATE) ...... PB95±264404 1330±20±7 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55275
Dated: October 24, 1995. and Diesel Exhaust among Non-metal Office of Device Evaluation (ODE), Claire V. Broome, Miners.’’ Center for Devices and Radiological Deputy Administrator, Agency for Toxic Time and Date: 9 a.m.–5 p.m., November Health (CDRH). A transcript of the Substances and Disease Registry 27, 1995. meeting will be available from the Place: Room 503–A, Hubert H. Humphrey Dockets Management Branch (address [FR Doc. 95–26826 Filed 10–27–95; 8:45 am] Building, 200 Independence Avenue, SW, BILLING CODE 4163±70±P Washington DC 20201. below). Status: Open to the public for observation DATES: The public workshop will be and comment, limited only by the space held on October 30, 1995, from 9 a.m. Centers for Disease Control and available. The room accommodates to 4 p.m. Submit written notices of Prevention (CDC) approximately 50 people. participation as soon as possible. Purpose: The purpose of the meeting is to ADDRESSES: The public workshop will The National Institute for Occupational obtain comment and guidance regarding the be held at the Parklawn Building, technical and scientific merits of the study: Safety and Health (NIOSH) of the conference rooms D and E, 5600 Fishers Centers for Disease Control and ‘‘A Cohort Mortality Study with a Nested Case-control Study of Lung Cancer and Lane, Rockville, MD. Submit written Prevention (CDC) Announces the requests to make a presentation at the Following Meeting Diesel Exhaust among Non-metal Miners,’’ being conducted jointly by NIOSH and NCI. meeting, including an outline of Name: Review of the proposed protocol for Matters to be Discussed: Agenda items comments, to Kaiser Aziz or Clara Sliva, the study: ‘‘Epidemiologic Study of Adult include short presentations concerning the FAX 301–594–5941. Submit written Leukemia and Workplace Exposure to study protocol by the study investigators, comments on the management initiative Ionizing Radiation.’’ comments from the review panel members, to the Dockets Management Branch, Time and Date: 9 a.m. to 4:30 p.m., responses and discussion of the submitted (HFA–305), Food and Drug November 28, 1995. comments, and discussion open to all Administration, rm. 1–23, 12420 meeting attendees. Viewpoints and Place: Alice Hamilton Laboratory, Parklawn Dr., Rockville, MD 20857. A Conference Room C, NIOSH 5555 Ridge suggestions from industry, labor, academia, Avenue, Cincinnati, Ohio 45213. other government agencies, and the public transcript of the meeting will be Status: Open to the public for observation are invited. Written comments will be part of available through the Dockets and comment, limited only by space the review, and should be received by the Management Branch. A limited number available. contact person listed below no later than of overnight accommodations have been Purpose: The purpose of this meeting is to November 13, 1995. reserved at the Doubletree Hotel, obtain individual advice and guidance Contact Person for More Information: Rockville, MD. Attendees requiring regarding the technical and scientific merits Michael D. Attfield, Ph.D., NIOSH Project overnight accommodations may contact of the proposed epidemiologic study of adult Director, NIOSH, Division of Respiratory the hotel at 301–468–1100 and reference leukemia and workplace exposure to ionizing Disease Studies, (DRDS), Mailstop 234, 1095 radiation being conducted by NIOSH Willowdale Road, Morgantown, West the FDA meeting group: ‘‘GBG.’’ investigators. Participants will review the Virginia 26505–2888, telephone 304/285– Reservations will be confirmed at the proposed study protocol, recommend 5751. group rate based on availability. Persons changes based on scientific merit, and advise Dated: October 19, 1995. with disabilities who require special on the conduct of the study. Viewpoints and Carolyn J. Russell, assistance to attend or participate in the suggestions from industry, labor, academia, workshop can be accommodated if Director, Management Analysis and Services other government agencies, and the public advance notification is provided to are invited. Office, Centers for Disease Control and Agenda items are subject to change as Prevention (CDC). Sociometrics, Inc., Alice Hayes, 8300 priorities dictate. [FR Doc. 95–26810 Filed 10–27–95; 8:45 am] Colesville Rd., suite 550, Silver Spring, MD 20910, or FAX 301–608–3542. The Contact Person for More Information: BILLING CODE 4163±18±M Thurman Wenzl, Sc.D., Research Industrial availability of appropriate Hygienist, Health-Related Energy Research accommodations cannot be assured Branch, Division of Surveillance, Hazard Food and Drug Administration unless prior notification is provided. Evaluations and Field Studies, NIOSH, 4676 There is no registration fee for this Columbia Parkway, M/S R–44, Cincinnati, [Docket No. 95N±0343] meeting. Ohio 45226, telephone 513/841–4490. FOR FURTHER INFORMATION CONTACT: Dated: October 23, 1995. In Vitro Diagnostic Devices; Tier/Triage Kaiser Aziz, or Clara Sliva, Center for Carolyn J. Russell, Management Initiative; Notice of Public Workshop Devices and Radiological Health (HFZ– Director, Management Analysis and Services 440), Food and Drug Administration, Office, Centers for Disease Control and 2098 Gaither Rd., Rockville, MD 20850, Prevention (CDC). AGENCY: Food and Drug Administration, 301–594–3084, FAX 301–594–5941. [FR Doc. 95–26809 Filed 10-27–95; 8:45 am] HHS. ACTION: Notice of public workshop. SUPPLEMENTARY INFORMATION: BILLING CODE 4163±19±M Over the past few years, ODE, CDRH, SUMMARY: The Food and Drug has made an effort to raise the quality Lung Cancer and Diesel Exhaust Administration (FDA) is announcing a of the premarket review of medical Among Non-Metal Miners; Cohort public workshop to consider a tier/ devices. In the Division of Clinical Mortality Study With Nested Case- triage management initiative for in vitro Laboratory Devices (DCLD) this has Control Study; Meeting diagnostic devices (IVD’s). This resulted in a movement from a management initiative is intended to descriptive to a data driven review The National Institute for improve the balance between FDA process with emphasis on using Occupational Safety and Health resources and workload based on a tier/ voluntary standards or published design (NIOSH) of the Centers for Disease triage device risk assessment. The or statistical methodologies as a basis Control and Prevention (CDC) purpose of the workshop is to obtain for product review. One consequence of announces the following meeting. public comments and suggestions that this heightened review process has been Name: Review of proposed protocol for the will help FDA assess potential an imbalance between workload and study: ‘‘A Cohort Mortality Study with a extensions and applications of the tier/ workforce resulting in a backlog of Nested Case-control Study of Lung Cancer triage management initiative of the submissions. 55276 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
In June 1993, in order to address this that there are more premarket Johns Hopkins Medical Institutions, 550 backlog problem, ODE introduced a submissions for familiar and low risk North Broadway, Suite 511, Baltimore, comprehensive management action plan products that should be subject to a Tier Maryland 21205, (410 955–7894. for improving the efficiency of its I or similar type review. As a result, last This meeting will be open to the public administrative work process. One key year HIMA developed and provided a with attendance limited to space available. item in this plan was introduction of a flowchart for assigning products into the Individuals who plan to attend and need tier/triage program for applications. The three tier categories based on special assistance, such as sign language tier/triage program was designed to classification status, clinical use of the interpretation or other reasonable allow levels of review to be product (stand-alone versus adjunct), accommodations should contact Mr. Brown commensurate with the device risk. and the familiarity of the analyte and in advance of the meeting. Three review levels were established in method used. Their model is reported to Dated: October 24, 1995. an effort to ensure proper allocation of be very reproducible and would provide Susan K. Feldman, agency resources among device for a significant increase in the number Committee Management Officer, NIH. submissions: of products assigned Tier I status. 1. Tier I review: For submissions of The DCLD has extensively reviewed [FR Doc. 95–26802 Filed 10–27–95; 8:45 am] low risk products, a review that focuses the HIMA proposal and has developed BILLING CODE 4140±01±M on labeling for intended use. a slightly adjusted model also based on 2. Tier II review: For products a flowchart methodology. Although associated with moderate risk, a review there are moderate differences when the National Institute on Deafness and of labeling and scientific data that DCLD model is compared to the HIMA Other Communication Disorders; includes evaluation of data to proposal, the effect of the DCLD Notice of Closed Meeting substantiate product performance modified triage flowchart is the same, claims. that is, a significant number of products Pursuant to Section 10(d) of the 3. Tier III review: For products can be identified that are low risk and/ Federal Advisory Committee Act, associated with high risk or for products or that represent well understood amended (5 U.S.C. Appendix 2), notice with technical features requiring analytes or methodologies. Therefore, an is hereby given of the following detailed analysis to determine safety increased number of products would meeting: and effectiveness, a heightened review trigger Tier I reviews. Name of Committee: National Institute on of labeling and scientific data. The DCLD is very interested in ways Deafness and Other Communication Frequently, advisory panel review and to redirect its work force to deal with Disorders Special Emphasis Panel. recommendations would be sought as a newer and more complex submissions. Date: November 6–8, 1995. component of this type of review. However, DCLD is concerned with the Time: 6–8 pm. After an assessment of how DCLD implications of taking widely used, Place: The Antheneum Suite Hotel and would participate in this important although familiar products, and Conference Center Detroit, Michigan. management initiative, it was decided subjecting them to a Tier I review and/ Contact Person: Marilyn Semmes, Ph.D., that the review of IVD products would or exempting them from review. The Scientific Review Administrator, NIDCD/ be divided between the Tier I and Tier October 30, 1995, workshop is intended DEA/SRB, EPS Room 400C, 6120 Executive II categories based on the assessment of to provide an opportunity for public Boulevard, MSC 7180, Bethesda MD 20892– the need to evaluate specific dialogue on these issues, and will 7180, 301–496–8683. performance parameters (such as include a presentation by HIMA and Purpose/Agenda: To review and evaluate a accuracy, precision, analytical distribution of both the HIMA and grant application. sensitivity, and analytical specificity) as DCLD flowcharts. The meeting will be closed in accordance part of the review. Dated: October 25, 1995. with the provisions set forth in secs. Products that did not require a review William B. Schultz, 552b(c)(4) and 552b(c)(6), title 5, U.S.C. The of performance characteristics prior to Deputy Commissioner for Policy. applications and/or proposals and the use, such as urine cups, and general discussion could reveal confidential trade purpose media, were assigned Tier I [FR Doc. 95–26927 Filed 10–26–95; 11:12 am] secrets or commercial property such as status. Products that did require a patentable material and personal information BILLING CODE 4160±01±F review of performance characteristics, concerning individuals associated with the such as sodium, glucose, hemoglobin applications and/or proposals, the disclosure and other common analytes, were National Institutes of Health of which could constitute a clearly placed into the Tier II category. unwarranted invasion of personal privacy. Because classification panels meeting Notice of Meeting This notice is being published less than in the late 1970’s and early 1980’s had fifteen days prior to the meeting due to the already exempted from the requirement Notice is hereby given of the second urgent need to meet timing limitations for premarket review most IVD’s for meeting of the Task Force on Genetic imposed by the grant review cycle. which performance characteristics were Testing of the National Institutes of Health—Department of Energy Joint (Catalog of Federal Domestic Assistance not considered important, only a Program No. 93.173 Biological Research handful of IVD’s were assigned to the Working Group on the Ethical, Legal, and Social Implications of Human Related to Deafness and Communication Tier I category. These, along with other Disorders) Tier I products, were exempted from Genome Research on Tuesday, Dated: October 23, 1995. premarket notification in a final rule November 14, 1995, 8:30 am to recess, published in the Federal Register on and Wednesday, November 15, 1995, Susan K. Feldman, December 7, 1994 (59 FR 63005) and 8:30 am to adjournment at the Holiday Committee Management Officer, NIH. another final rule published in the Inn BWI Airport, 890 Elkridge Landing [FR Doc. 95–26801 Filed 10–27–95; 8:45 am] Federal Register on July 28, 1995 (60 FR Road, Linthicum, Maryland 21090– BILLING CODE 4140±01±M 38896). 2978, (410) 859–8400. The Health Industry Manufacturer’s Contact Person: Joshua H. Brown, J.D., Association (HIMA) strongly believes Genetics and Public Policy Studies, The Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55277
Prospective Grant of Exclusive 29, 1995, will be considered. Comments SUMMARY: In accordance with section License: Biomedical Uses of CPX (8- and objections submitted in response to 102(a)(4)(C) of the Department of Cyclopentyl-1,3-Dipropylxanthine) and this notice will not be made available Housing and Urban Development Related Compounds for Cystic for public inspection, and, to the extent Reform Act of 1989, this notice Fibrosis and Other Human Diseases permitted by law, will not be released announces the funding decisions made under the Freedom of Information Act, by the Department in a competition for AGENCY: National Institutes of Health, 5 U.S.C. 552. A signed Confidential funding under the Fiscal Year 1995 Public Health Service, DHHS. Disclosure Agreement will be required Housing Opportunities for Persons with ACTION: Notice. to receive a copy of any pending patent AIDS (HOPWA) program. The notice SUMMARY: This is notice in accordance application. contains the names of award winners with 15 U.S.C. 209(c)(1) and 37 CFR SUPPLEMENTARY INFORMATION: Cystic and the amounts of the awards. 404.7(a)(1)(i) that the National Institutes fibrosis is caused by mutations in the FOR FURTHER INFORMATION CONTACT: Fred of Health (NIH), Department of Health cystic fibrosis transmembrane regulator Karnas, Jr., Director, Office of HIV/AIDS and Human Services, is contemplating (CFTR) gene. Chloride (Cl-) and sodium Housing, Department of Housing and the grant of a worldwide, limited field transport across epithelial membranes of Urban Development, Room 7154, 451 of use, exclusive license to practice the an individual afflicted with cystic Seventh Street, SW, Washington, DC inventions embodied in the patents and fibrosis is abnormal. CPX activates 20410, telephone (202) 708–1934. The patent applications referred to below to impaired Cl- conductance channels and TDD number for the hearing impaired is SciClone Pharmaceuticals, Inc. of San exhibits high potency, low toxicity, and (202) 708–2565. (These are not toll-free Mateo, California. The patent rights in little or no specificity for adenosine numbers). these inventions have been assigned to receptors. SUPPLEMENTARY INFORMATION: The the government of the United States of Many of the present efforts to combat purpose of the competition was to America. The patents and patent the disease have focused on drugs that award grants for housing assistance and applications to be licensed are: ‘‘Method are capable of either activating the supportive services by two types of of Treating Cystic Fibrosis Using 8- mutant CFTR gene product or otherwise projects: (1) Grants for special projects Cyclopentyl-1,3-Dipropylxanthine or causing additional secretion of Cl¥ from of national significance which, due to Xanthine Amino Congeners,’’ U.S. affected cells. Antagonism of the A1 their innovative nature or their potential Patent Application Serial No. 07/ adenosine receptor has been shown to for replication, are likely to serve as 952,965 filed 29 Sep 92 (U.S. Patent No. result in stimulating Cl¥ efflux from effective models in addressing the needs 5,366,977 issued 22 Nov 94); ‘‘A Method cystic fibrosis cells. Many of the drugs of low-income persons living with HIV/ of Identifying CFTR-Binding currently in use or under development AIDS and their families; and (2) grants Compounds Useful for Activating function by antagonizing the A1 for projects which are part of long-term Chloride Conductance in Animal Cells,’’ adenosine receptor, but lack specificity comprehensive strategies for providing U.S. Patent Application Serial No. 08/ for the receptor. As a result, they can housing and related services for low- 343,714 filed 22 Nov 94; and all produce undesirable side effects. income persons living with HIV/AIDS continuations, divisionals, Similarly, antagonism of A1 adenosine and their families in areas that do not continuations-in-part, and foreign receptors will likely have an additional receive HOPWA formula allocations. counterparts of these two patent impact on an animal that is unrelated to The assistance made available in this applications. the cystic fibrosis affliction. Since CPX announcement is authorized by the The prospective exclusive license will has little or no specificity for adenosine AIDS Housing Opportunity Act (42 be royalty-bearing and will comply with receptors, it should be effective while U.S.C. 12901), as amended by the the terms and conditions of 35 U.S.C. minimizing side effects. Housing and Community Development 209 and 37 CFR 404.7. The prospective Dated: October 20, 1995. Act of 1992 (Pub. L. 102–550, approved exclusive license may be granted unless, Barbara M. McGarey, October 28, 1992) and was appropriated within sixty (60) days from the date of by the HUD Appropriations Act of 1995 this published notice, NIH receives Deputy Director, Office of Technology Transfer. (Pub. L. 103–327, approved September written evidence and argument that [FR Doc. 95–26800 Filed 10–27–95; 8:45 am] 28, 1994) and by the HUD establishes that the grant of the license Appropriations Act of 1994 (Pub. L. would not be consistent with the BILLING CODE 4140±01±P 103–124, approved October 28, 1993), as requirements of 35 U.S.C. 209 and 37 amended by Pub. L. 104–19, approved CFR 404.7. July 27, 1995 (the Rescissions Act). The DEPARTMENT OF HOUSING AND ADDRESSES: Requests for a copy of these competition was announced in a Notice patent applications, inquiries, URBAN DEVELOPMENT of Funding Availability (NOFA) comments, and other materials relating Office of the Assistant Secretary for published in the Federal Register on to the contemplated license should be Community Planning and February 16, 1995 (60 FR 9260). directed to: J. Peter Kim, Technology Development Applications were rated and selected for Licensing Specialist, Office of funding on the basis of selection criteria Technology Transfer, National Institutes [Docket No. FR±3853±N±02] contained in that Notice. of Health, 6011 Executive Boulevard, A total of $17,673,957 was awarded Suite 325, Rockville, Maryland 20852. Housing Opportunities for Persons for 21 applications under two categories Telephone: 301/496–7056, ext. 264; With AIDS Program; Announcement of of assistance: $13,406,336 in 16 grants Facsimile: 301/402–0220. Applications Funding AwardsÐFiscal Year 1995 for special projects of national for a license filed in response to this AGENCY: Office of the Assistant significance; and $4,267,621 in 5 grants notice will be treated as objections to Secretary for Community Planning and for projects which are part of long-term the grant of the contemplated license. Development, HUD. comprehensive strategies for providing Only written comments and/or housing and related services. In ACTION: Announcement of funding applications for a license which are accordance with section 102(a)(4)(C) of awards. received by NIH on or before December the Department of Housing and Urban 55278 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
Development Reform Act of 1989 (Pub. grantees and amounts of the awards in Dated: October 24, 1995. L. 101–235, approved December 15, Appendix A to this document. Andrew Cuomo, 1989), the Department is publishing the Assistant Secretary for Community Planning and Development.
APPENDIX A.Ð1995 HOPWA COMPETITIVE GRANTS
Grant recipient Project location Award amount
AIDS Task Force of Alabama, Inc...... Birmingham, Alabama ...... $756,992 Alaska Housing Finance Corp...... Fairbanks & Juneau, Alaska ...... 716,166 LT Marin County Community Development Agency ...... San Francisco metro area, California ...... 1,100,000 State of Connecticut Dept. of Social Services ...... State-wide, Connecticut ...... 998,648 Cornerstone Services, Inc...... Joliet, Illinois ...... 465,991 Travelers & Immigrants Aid of Chicago ...... Chicago, Illinois ...... 1,030,000 UNITY for the Homeless ...... New Orleans, Louisiana ...... 1,099,230 City of Baltimore Department of Housing and Community Development ...... Baltimore, Maryland ...... 1,076,718 State of Maryland, Department of Health and Mental Hygiene ...... Eastern Shore & Western Maryland ...... 1,000,000 LT AIDS Housing Corporation ...... Boston, Massachusetts ...... 990,534 Hospice of Southeastern Michigan ...... Detroit metro area, Michigan ...... 572,932 State of Missouri, Department of Health ...... Areas outside of St. Louis and Kansas City, 888,065 LT Missouri. Community Counseling & Mediation ...... Brooklyn, New York ...... 66,950 Episcopal Social Services of New York, Episcopal Action ...... Harlem neighborhood of New York City, NY ... 1,099,999 Greyston Foundation, Inc ...... Yonkers, New York ...... 1,100,000 Southside Community Mission ...... Brooklyn, New York ...... 975,572 AsociacÂõon de Puertorriquenos en Marcha ...... Philadelphia, Pennsylvania ...... 1,030,000 State of Rhode Island, Housing and Mortgage Finance Corporation ...... Providence, Rhode Island ...... 943,440 LT State of Vermont, Housing and Conservation Board ...... State-wide, Vermont ...... 719,950 LT AIDS Housing of Washington (2 projects) ...... National & Seattle area projects, Washington . 1,042,770
Total HOPWA 1995 Awards ...... 21 Grants ...... 17,673,957 LT denotes Long-term projects; others are Special Projects of National Significance.
[FR Doc. 95–26794 Filed 10–27–95; 8:45 am] programs for the area. The tour will [NV±050±96±4370±03] BILLING CODE 4210±29±P assemble at 7:15 a.m. at the Best Western Gardens Motel parking lot Hearing To Discuss the Use of located at 71487 29 Palms Highway, Helicopters and Motorized Vehicles To Gather Wild Horses DEPARTMENT OF THE INTERIOR Twentynine Palms, California. The public is welcome to participate in the AGENCY: Bureau of Land Management, Bureau of Land Management field tour, but should plan on providing Forest Service, Interior. [CA±060±01±4410±04±ADVB] their own transportation and beverage, as well as sack lunch and hat, jacket, ACTION: Public hearing to discuss the Meeting of the California Desert and comfortable shoes. Anyone use of helicopters and motorized District Advisory Council interested in participating should vehicles to gather wild horses during FY contact BLM at (909) 697–5215 for more 96. SUMMARY: Notice is hereby given, in information. accordance with Public Laws 92–463 Written comments may be filed in SUMMARY: In accordance with Public and 94–579, that the California Desert advance of the meeting for the Law 92–195, as amended by Public Law District Advisory Council to the Bureau California Desert District Advisory 94–579 and Public Law 95–514, this of Land Management, U.S. Department Council c/o Bureau of Land notice sets forth the public hearing data of the Interior, will meet in formal Management, Public Affairs Office, 6221 to discuss the use of helicopters and session Friday, December 1, 1995, from Box Springs Boulevard, Riverside, motorized vehicles to gather wild horses 8:00 a.m. to 5:00 p.m., and Saturday, California 92507–0714. Written from the Las Vegas District during FY December 2, 1995, from 8:00 a.m. to comments are also accepted at the time 96. noon. The session will be held at city of the meeting and, if copies are The hearing will convene at 2 p.m. on council chambers located at 6136 Adobe provided to the recorder, will be Wednesday, November 15, 1995, in the Road, Twentynine Palms, California. incorporated into the minutes. Conference Room of the Las Vegas All Desert District Advisory Council FOR FURTHER INFORMATION AND MEETING District BLM Office, 4765 Vegas Drive, meetings are open to the public. Time CONFIRMATION: Contact the Bureau of Las Vegas, Nevada. for public comment may be made Land Management, California Desert The hearing is open to the public. available by the Council Chairman District, Public Affairs Office, 6221 Box during the presentation of various Interested persons may make oral or Springs Boulevard, Riverside, California written statements. Anyone wishing to agenda items, and is scheduled at the 92507; (909) 697–5215. end of the meeting for topics not on the make oral comments should contact agenda. Dated: October 23, 1995. Gary McFadden, Las Vegas District Wild On Thursday, November 30, 1995, J. Simpson, Horse Specialist, by November 15, 1995. from 7:30 a.m. to 5:00 p.m., Council Acting District Manager. Written statements must also be members will participate in a field tour. [FR Doc. 95–26747 Filed 10–27–95; 8:45 am] received by this date. The council will focus on management BILLING CODE 4310±40±M DATES: November 15, 1995. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55279
ADDRESSES: Bureau of Land SUMMARY: The Bureau of Land notice (pre-sale offer). The requirements Management, 4765 Vegas Drive, Las Management and the State of California, for filing a noncompetitive pre-sale offer Vegas, Nevada 89108. Red Rocks State Park, will hold a public can be found in the regulations codified FOR FURTHER INFORMATION CONTACT: Gary meeting at the Red Rock/Chimney Peak at 43 CFR 3110. Informal Expressions of McFadden (702) 647–5024. Room, Kerr McGee Center located at 100 Interest may be made either by letter or Dated: October 23, 1995. West California Avenue in Ridgecrest, on the nomination form available at the California on Thursday, November 30, Wyoming State Office. Telephone Michael F. Dwyer, 1995, at 6:30 p.m. requests will not be accepted. District Manager. The public meeting will address the Informal Expressions of Interest and [FR Doc. 95–26825 Filed 10–27–95; 8:45 am] proposed land withdrawal, mining and noncompetitive pre-sale offers must BILLING CODE 4310±HC±M unpatented federal mining claims describe the lands by specific legal land located on public lands identified for description (township, range, section [OR±050±1020±00: GP6±0015] transfer from United States government and aliquot part) and will be processed ownership to State of California using the legal land description Meeting of John Day-Snake Resource ownership in accordance with the provided. Therefore, please ensure that Advisory Council provisions of Section 701 of the your request accurately describes the California Desert Protection Act, PL lands requested. If an informal AGENCY: Bureau of Land Management, 103–433, dated October 31, 1994. Expression of Interest contains all of the Prineville District. FOR FURTHER INFORMATION CONTACT: On lands in a former lease number, please ACTION: Meeting of John Day-Snake the withdrawal, contact Nancy Alex, provide that number in addition to the Resource Advisory Council: Walla BLM California State Office, 916–979– legal land description. Whenever Walla, Washington; November 27–28, 2858. On mining, contact Linn Gum, possible, sale parcels will be configured 1995. Ridgecrest Resource Area Office, 619– as requested. However, BLM reserves SUMMARY: A meeting of the John Day- 384–5400. the right to adjust the parcel size as Snake Resource Advisory Council will Dated: October 24, 1995. needed. be held on November 27, 1995, from David McIlnay, In general, if the lands requested are 8:00 am to 4:30 pm, and November 28, Chief, Branch of Lands. eligible and available for oil and gas 1995 from 7:00 am to 3:00 pm at the [FR Doc. 95–26867 Filed 10–27–95; 8:45 am] leasing, they will be listed on the Interior Columbia Basin Ecosystem BILLING CODE 4310±40±P competitive oil and gas lease sale notice Management Project Office, 112 East being worked at the time of receipt. However, we cannot guarantee that the Poplar Street, Walla Walla, Washington [WY±920±1310] 99362. At an appropriate time each day, requested lands will always be included on a particular sale notice. We begin the Council meeting will recess for Notice of Change to Competitive Oil processing lands for inclusion on a sale approximately one hour for lunch. and Gas Lease Sale Notice Process Public comments will be received from notice 6 months in advance of the sale 1:00 pm to 2:00 pm on Tuesday, October 20, 1995. date. Therefore, it is imperative that November 28, 1995. Topics to be Since passage of the Federal Onshore your requests reach us as far in advance discussed are: administrative activities Oil and Gas Leasing Reform Act of 1987, as possible for inclusion on the next of the Council, Council training needs, the BLM Wyoming State Office has available sale notice. For 1996, relationship to other Advisory Groups, always offered all eligible and available competitive oil and gas lease sales by the Interior Columbia Basin Ecosystem lands for sale by competitive oral oral auction are scheduled for February Management Project, and standards for auction. Some of the lands offered were 6, April 2, June 4, August 6, October 15, rangeland health and guidelines for formerly embraced in expired, and December 3. livestock grazing of the public lands. terminated, relinquished and canceled If you have any questions, please contact Pamela J. Lewis at (307) 775– FOR FURTHER INFORMATION CONTACT: leases which were recycled and put James L. Hancock, Bureau of Land back through the competitive leasing 6176. Management, Prineville District Office, process. In an effort to continue to Pamela J. Lewis, 3050 NE Third Street, Prineville, Oregon encourage the timely development of Chief, Leasable Minerals Section. 97754 or call (503) 447–4115. Federal onshore oil and gas resources [FR Doc. 95–26866 Filed 10–27–95; 8:45 am] and to more quickly respond to the BILLING CODE 4310±22±M Dated: October 24, 1995. specific needs of the oil and gas James L. Hancock, industry, this official will no longer District Manager. automatically offer lands from recycled [AK±931±1430±01; AA±57747] [FR Doc. 95–26803 Filed 10–27–95; 8:45 am] leases for competitive sale. Rather, our Order Providing for Opening of Land BILLING CODE 4310±33±M leasing efforts will concentrate on those Subject to Section 24 of the Federal lands which you, the oil and gas Power Act; Alaska [CA930±06±1430±01; CACA 35558] industry, are specifically interested in leasing. Therefore, beginning with the AGENCY: Bureau of Land Management, Notice of Public Meeting June 1996 competitive oil and gas lease Interior. sale, the only lands that will be offered ACTION: Notice. AGENCY: Bureau of Land Management, for sale at the oral auction will be those Interior. lands requested by industry, lands SUMMARY: The purpose of this order is DATES: Thursday November 30, 1995, selected by Bureau motion, and lands to open for selection by the State of 6:30 p.m. selected by other government agencies. Alaska, approximately 263 acres of LOCATION: Red Rock/Chimney Peak Nominations may be made either by public land reserved for the Federal Room at the Kerr McGee Center located submitting an informal Expression of Energy Regulatory Commission (FERC) at 100 West California Avenue in Interest or by filing a noncompetitive Power Project No. 2307, if such land is Ridgecrest, California. offer prior to the posting of the sale otherwise available. 55280 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
EFFECTIVE DATE: October 30, 1995. the mineral leasing laws, the material [MT±034±1430±01±P] FOR FURTHER INFORMATION CONTACT: disposal laws, and the general mining Realty Action, Non-Competitive Sale of Shirley J. Macke, BLM Alaska State laws, subject to valid existing rights. Public Lands; Lawrence County, SD Office, 222 West 7th Avenue, No. 13, EFFECTIVE DATE: November 29, 1995. (SDM±84498) Anchorage, Alaska 99513–7599, 907– 271–5477. FOR FURTHER INFORMATION CONTACT: AGENCY: Bureau of Land Management, SUPPLEMENTARY INFORMATION: By virtue Dennis J. Samuelson, BLM Nevada State Interior. of the authority vested in the Secretary Office, P.O. Box 12000, Reno, Nevada ACTION: Notice of realty action SDM– of the Interior by Section 24 of the 89520, 702–785–6532. 84498; Sale of public land in Lawrence Federal Power Act (FPA) of June 10, SUPPLEMENTARY INFORMATION: The County, SD. 1920, as amended, 16 U.S.C. 818 (1988), following described land was SUMMARY: The following described and pursuant to the determination by reconveyed to the United States by public surface has been determined the FERC in DVAK–148–Alaska, it is private exchange under Section 8 of the suitable for disposal by direct sale, at ordered as follows: Taylor Grazing Act of June 28, 1934: Subject to valid existing rights, at 8 not less than fair market value of $500 a.m. Alaska Standard Time, on October Mount Diablo Meridian, Nevada to Dennis and Paula Katon pursuant to 30, 1995, the following described land T. 36 N., R. 41 E., 43 CFR 2710 and under the authority of is hereby opened for selection by the Sec. 3, all. Section 203 of the Federal Land Policy State of Alaska under the Alaska The area described contains 637.46 acres in and Management Act of 1976 (43 U.S.C. Statehood Act of July 7, 1958, 48 U.S.C. Humboldt County. 1716). The public surface land to be note prec. 21 (1988), subject to the acquired by Dennis and Paula Katon in provisions of Section 24 of the FPA: The land was reconveyed to the Lawrence County, South Dakota: United States on October 16, 1945, but That land reserved for the FERC Black Hills Meridian, Power Project No. 2307 (Salmon Creek an opening order was never issued. Hydroelectric Water Power Project), At 9 a.m. on November 29, 1995, the T. 5 N., R. 3 E., Sec. 27, lot 7. located within: land will be opened to the operation of Containing approximately 00.13 acres Copper River Meridian the public land laws generally, subject to valid existing rights, the provision of DATES: Interested parties may submit T. 41 S., R. 67 E., existing withdrawals, other segregation comments to the District Manager, Secs. 1, 2, 3, 9, 10, 15, 22, and 23. of record, and the requirements of Bureau of Land Management, Dakotas The area affected by this order contains applicable law. All valid applications District Office, 2933 Third Avenue approximately 263 acres. received at or prior to 9 a.m. on West, Dickinson, North Dakota 58601– The State of Alaska applications for November 29, 1995, shall be considered 2619. Comments shall be submitted by selection made under Section 6(b) of the as simultaneously filed at that time. December 14, 1995. Any adverse Alaska Statehood Act and under Section Those received thereafter shall be comments will be evaluated by the BLM 906(e) of the Alaska National Interest considered in the order of filing. Montana State Director who may Lands Conservation Act, 43 U.S.C. sustain, vacate or modify this realty 1635(e) (1988), become effective without At 9 a.m. on November 29, 1995, the land will be opened to location and action. In the absence of any objections, further action by the State upon this realty action will become the final publication of this order in the Federal entry under the United States mining laws and to the operation of the mineral determination of the Department of Register, if such land is otherwise Interior. available. leasing and material disposal laws, subject to valid existing rights, the FOR FURTHER INFORMATION: Information The land described herein has been related to this sale including the and will continue to be subject to the provision of existing withdrawals, other segregation of record, and the environmental assessment is available provisions of the FERC Power Project for review at the Bureau of Land No. 2307, pursuant to the authority set requirements of applicable law. Appropriation of any of the land Management, South Dakota Resource forth in Section 24 of the FPA, as Area Office, 310 Roundup Street, Belle amended, 16 U.S.C. 818 (1988). described in this order under the general mining laws prior to the date Fourche, SD 57717. Dated: October 24, 1995. and time of restoration is unauthorized. SUPPLEMENTARY INFORMATION: The Gene R.Terland, Any such attempted appropriation, public lands and minerals described Resource Group Administrator. including attempted adverse possession above are segregated from settlement, [FR Doc. 95–26822 Filed 10–27–95; 8:45 am] under 30 U.S.C. 38 (1988), shall vest no location and entry under the public land BILLING CODE 4310±JA±P rights against the United States. Acts laws, including the mining laws, but not required to establish a location and to from the mineral leasing laws nor from initiate a right of possession are sale pursuant to section 203 of the [NV±930±1430±01; N±36101)] governed by State law where not in Federal Land Policy and Management Order Providing for Opening of Public conflict with Federal law. The Bureau of Act of 1976, for a period of 270 days Land; Nevada Land Management will not intervene in from the date of publication of this disputes between rival locators over notice. The sale will be made subject to: October 17, 1995. possessory rights since Congress has 1. A reservation to the United States AGENCY: Bureau of Land Management, provided for such determinations in of a right-of-way for ditches or canals in Interior. local courts. accordance with U.S.C. 945. 2. The reservation to the United States ACTION: Notice. Date: October 17, 1995. of all minerals in the Federal lands SUMMARY: This notice opens land, William K. Stowers, being transferred. reconveyed to the United States by Lands Team Lead. 3. All valid existing rights of record. private exchange, to appropriation [FR Doc. 95–26819 Filed 10–27–95; 8:45 am] 4. Any other applicable terms and under the public land laws, including BILLING CODE 4310±HC±P conditions. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55281
This sale is consistent with BLM Force. A number of subjects will be group, in the Mojave National Preserve, policies and the South Dakota Resource discussed during the meeting including: located within San Bernardino County, Management Plan, dated 1985, and has status of the spread of zebra mussels in California. been discussed with state and local the United States, research needs for The Plan of Operations is available for officials. The public interest will be zebra mussels, activities of various public review and comment for a period served by completion of this direct sale agencies concerning zebra mussels, and of 30 days from the publication date of to the surrounding landowner because it education efforts pertaining to zebra this notice. Analysis of the proposal will will enable the BLM to sell a potential mussels. not be conducted until a validity study problem parcel and will increase DATES: The Zebra Mussel Coordination is conducted in accordance with the management efficiency of public lands Committee will meet from 2:00 p.m. to California Desert Protection Act, Section in the area. 5:00 p.m. on Monday, November 27, 509. The document can be viewed Dated: October 12, 1995. 1995. during normal business hours at the Office of the Superintendent, Mojave Douglas J. Burger, ADDRESSES: The Zebra Mussel Coordination Committee meeting will National Preserve, 222 East Main Street, District Manager. Suite 202, Barstow, CA 92311. [FR Doc. 95–26821 Filed 10–27–95; 8:45 am] be held in the Maywood B Room, Doubletree Hotel, 300 Canal Street, New Dated: October 18, 1995. BILLING CODE 4310±DN±P Orleans, Louisiana, telephone (504) Stanley T. Albright, 581–1300. Field Director, Pacific West Area. [ES±960±9800±02] ES±047657, Group 189, FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–26872 Filed 10–27–95; 8:45 am] Florida Dr. Edwin Theriot, Zebra Mussel BILLING CODE 4310±70±P Research Branch, Waterways Filing of Plat of Survey; Florida Experiment Station, Corps of Engineers, The plat of the dependent resurvey of telephone (601) 634–2678. Notice of Realty Action a portion of the north and south SUPPLEMENTARY INFORMATION: Pursuant boundaries, a portion of the to Section 10(a)(2) of the Federal SUMMARY: Proposed Exchange of Federal subdivisional lines, and the survey of Advisory Committee Act (5 U.S.C. App. Property for Private Property, the subdivision of sections 3, 4, 9, 10, I), this notice announces a meeting of Chattahoochee River National 15, 22, 27, 33 and 34 and the metes-and- the Zebra Mussel Coordination Recreation Area. bounds survey of certain parcels in Committee established under the FOR FURTHER INFORMATION CONTACT: sections 27 and 34, Township 13 South, authority of the Nonindigenous Aquatic Superintendent, Chattahoochee River Range 24 East, Tallahassee Meridian, Nuisance Prevention and Control Act of National Recreation Area, 1978 Island Florida, will be officially filed in 1990 (Pub. L. 101–646, 104 Stat. 4761, Ford Parkway, Dunwoody, Georgia Eastern States, Springfield, Virginia at 16 U.S.C. 4701 et seq., November 29, 30350. 7:30 a.m., on December 7, 1995. 1990). Minutes of the meetings will be SUPPLEMENTARY INFORMATION: Public The survey was requested by the U.S. maintained by the Coordinator, Aquatic comments will be accepted for a period Forest Service. Nuisance Species Task Force, Room of 45 days from the date of this notice. All inquiries or protests concerning 840, 4401 North Fairfax Drive, I. The following described Federally- the technical aspects of the survey must Arlington, Virginia 22203, and the owned lands which were acquired by be sent to the Chief Cadastral Surveyor, Waterways Experiment Station, Corps of the National Park Service have been Eastern States, Bureau of Land Engineers, 3909 Halls Ferry Road, determined to be suitable for disposal Management, 7450 Boston Boulevard, Vicksburg, Mississippi, 39180–6199, by exchange. The authority of this Springfield, Virginia 22153, prior to and will be available for public exchange is the Act of August 15, 1978 7:30 a.m., December 7, 1995. inspection during regular business (16 U.S.C. 460ii, et seq.) which Copies of the plat will be made hours, Monday through Friday within established Chattahoochee River available upon request and prepayment 30 days following the meeting. National Recreation Area (CRNRA). of the reproduction fee of $2.75 per Dated: October 24, 1995 The selected Federal lands lie within copy. the boundaries of the Bowmans Island Gary Edwards, Dated: October 23, 1995. unit of the CRNRA and are generally Assistant Director—Fisheries, Co-Chair, described as follows: Stephen G. Kopach, Aquatic Nuisance Species Task Force. A parcel of land containing 24.46 Chief Cadastral Surveyor. [FR Doc. 95–26754 Filed 10–27–95; 8:45 am] acres of land located within Land Lots [FR Doc. 95–26868 Filed 10–27–95; 8:45 am] BILLING CODE 4310±55±M 53, 65, and 66 of the 14th District and BILLING CODE 4310±GJ±P 1st Section of Forsyth County, Georgia. The lands have been surveyed for National Park Service cultural resources and endangered and Fish and Wildlife Service Availability of Plan of Operations; threatened species. An Environmental Zebra Mussel Coordination Committee Mining Operations; Adams Claim Assessment has been prepared that of the Aquatic Nuisance Species Task Group; Mojave National Preserve, San indicates this property be exchanged as Force Bernardino County, CA the preferred alternative. Both the surface and the mineral AGENCY: Fish and Wildlife Service, Notice is hereby given in accordance estates are to be exchanged. There are Interior. with Section 9.17(a) of Title 36 of the no leases or permits affecting these ACTION: Notice of meeting. Code of Federal Regulations, Part 9, lands. Subpart A, that the National Park II. In exchange for the lands identified SUMMARY: This notice announces a Service has received from Blair 7IL in Paragraph I the United States of meeting of the Zebra Mussel Ranch a Plan of Operations to conduct America will acquire fee simple title to Coordination Committee, a committee of exploratory mining operations on the one parcel of land located along the the Aquatic Nuisance Species Task Anna Ore claim in the Adams claim Chattahoochee River and an adjoining 55282 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices conservation easement. Both the surface authority to construct and operate an 8.8 questions and/or comments from the and mineral estates are to be exchanged mile rail line from the KCS mainline audience concerning the issues to be and these lands will be administered by near Sorrento to the Geismar Industrial addressed during the environmental the National Park Service as a part of the area in Ascension Parish, Louisiana. review process. To allow all interested CRNRA upon completion of the Because of the potential for significant persons the opportunity to comment on exchange. The lands are being acquired environmental impacts which may be the proposal, speakers will have up to subject only to rights-of-way and associated with the proposed five (5) minutes for their oral comments. easements of records. construction and operation, SEA has FOR FURTHER INFORMATION CONTACT: The lands to be acquired by the determined that preparation of an EIS is Michael Dalton at (202) 927–6202 or United States of America are generally appropriate. Elaine Kaiser at (202) 927–6248, Section described as follows: A 200 foot strip of SEA will prepare a Draft EIS (DEIS) of Environmental Analysis, Room 3219, land containing 18.83 acres located that will address the environmental Office of Economic and Environmental along the Chattahoochee River within impacts associated with this proposed Analysis, 12th and Constitution Land Lots 169, 170, 171, 173, 174 and construction and operation. SEA will Avenue, NW., Interstate Commerce 175 of the 14th District, 1ST Section, serve the DEIS on all the parties to the Commission, Washington, DC. TDD for Forsyth County, Georgia to be conveyed proceeding and will make it available to hearing impaired: (202) 927–5721. in fee simple title and an adjoining 50 the public upon request. There will be foot strip of land containing 4.53 acres a 45-day comment period from the date By the Commission, Elaine K. Kaiser, Chief, Section of Environmental Analysis. to be conveyed as a Conservation the DEIS is served to allow the public Easement. opportunity to comment. After assessing Vernon A. Williams, The value of the properties to be all of the comments to the DEIS, SEA Secretary. exchanged shall be determined by a will then issue a Final Environmental [FR Doc. 95–26843 Filed 10–27–95; 8:45 am] current fair market value appraisal and Impact Statement (FEIS) that will BILLING CODE 7035±01±P if they are not approximately equal, the include SEA’s final recommendations to values shall be equalized by payment of the Commission. The Commission will [Docket No. AB±406 (Sub-No. 4X)] cash and/or donation as circumstances consider the FEIS and the require. environmental record in making its Central Kansas Railway, Limited decision. Detailed information concerning this Liability CompanyÐAbandonment The purpose of the scoping process is exchange including precise legal ExemptionÐin Harper County, KS description, Land Protection Plan, to identify significant environmental environmental assessment, and cultural issues and determine the scope of issues Central Kansas Railway, Limited reports are available at the address SEA will address in the DEIS. Issues Liability Company (CKR) has filed a identified above. typically addressed include alternatives notice of exemption under 49 CFR 1152 For a period of 45 calendar days from to the proposed action, including the Subpart F—Exempt Abandonments to the date of this notice, interested parties no-build alternative, impacts on abandon a 9-mile portion of its H & S may submit comments to the above transportation systems, land use, socio- Subdivision between milepost 59.7 at or address. Comments will be evaluated economic impacts directly related to near Harper and milepost 68.7 at or near and this action may be modified or changes in the physical environment, Anthony, in Harper County, KS.1 CKR vacated accordingly. In the absence of energy resources, air quality, noise, proposes to consummate the any action to modify or vacate, this public health and safety, biological abandonment on or after November 29, realty action will become the final resources, water quality, historic 1995.2 determination of the Department of the resources, coastal zone management CKR has certified that: (1) no local Interior. consistency review, and mitigation to traffic has moved over the line for at reduce or avoid impacts on the Dated: October 4, 1995. least 2 years; (2) any overhead traffic has environment. been rerouted over other lines; (3) no Paul B. Hartwig, Anyone who cannot attend the Acting Field Director, Southeast Area. formal complaint filed by a user of rail scoping meeting may submit questions service on the line (or by a State or local [FR Doc. 95–26873 Filed 10–27–95; 8:45 am] and comments regarding environmental government entity acting on behalf of BILLING CODE 4310±70±M concerns in writing by December 30, 1995 (30 days after the date of the 1 CKR is a subsidiary of OmniTRAX, Inc. scoping meeting). Attendees may also (OmniTRAX), a noncarrier holding company. INTERSTATE COMMERCE submit written comments at the scoping Notice of a corporate family reorganization was COMMISSION meeting or directly to the Commission given by the Commission in Patrick D. Broe, The by December 30, 1995. SEA will hold a Broe Companies, The Great Western Railway [Finance Docket No. 32530] Company, Railco Inc., Chicago West Pullman public scoping meeting on the following Transportation Corp., et al.—Corporate Family Kansas City Southern Railway date: Thursday, November 30, 1995, Reorganization Exemption, Finance Docket No. 32531 (ICC served July 12, 1994). Under the Company; Construction and Operation Gonzales Civic Center, 219 South Irma Boulevard, Gonzales, LA. reorganization, OmniTRAX was authorized to Exemption; Geismar Industrial Area control 11 rail carriers and Patrick D. Broe was Near Gonzales and Sorrento, LA SEA will begin the scoping meeting at authorized to continue to control OmniTRAX. 4:30 p.m. with a one hour informal 2 Pursuant to 49 CFR 1152.50(d)(2), the railroad The Commission’s Section of discussion period. At 5:30 p.m., SEA must file a verified notice with the Commission at Environmental Analysis (SEA) notifies will open the formal portion of the least 50 days before the abandonment or discontinuance is to be consummated. The all interested parties that SEA will scoping meeting with a brief overview applicant, in its verified notice, indicated a prepare an Environmental Impact of the environmental review process, proposed consummation date of October 15, 1995. Statement (EIS) in this proceeding and and introduce the independent third Because the verified notice was not filed until conduct a public scoping meeting, party contractors and the KCS October 10, 1995, consummation should not have been proposed to take place before November 29, Thursday, November 30, 1995. The representatives who will also make brief 1995. Applicant’s representative has subsequently Kansas City Southern Railway Company presentations. At approximately 6:00 agreed that the proposed consummation date is on (KCS) filed a petition for exemption for p.m., SEA will open the meeting for or after November 29, 1995. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55283 such user) regarding cessation of service assessment (EA) by November 3, 1995. Avenue, NE., Washington, DC 20212, over the line either is pending with the Interested persons may obtain a copy of telephone: 202–606–7802. Commission or with any U.S. District the EA by writing to SEA (Room 3219, Signed at Washington, DC this 24th day of Court or has been decided in favor of Interstate Commerce Commission, October 1995. the complainant within the 2-year Washington, DC 20423) or by calling Robert B. Reich, period; and (4) the requirements at 49 Elaine Kaiser, Chief of SEA, at (202) Secretary of Labor. CFR 1105.7 (environmental reports), 49 927–6248. Comments on environmental [FR Doc. 95–26817 Filed 10–27–95; 8:45 am] CFR 1105.8 (historic reports), 49 CFR and historic preservation matters must BILLING CODE 4510±24±M 1105.11 (transmittal letter), 49 CFR be filed within 15 days after the EA is 1105.12 (newspaper publication), and available to the public. 49 CFR 1152.50(d)(1) (notice to Environmental, historic preservation, Employment and Training governmental agencies) have been met. public use, or trail use/rail banking Administration As a condition to use of this conditions will be imposed, where exemption, any employee adversely appropriate, in a subsequent decision. Proposed Information Collection affected by the abandonment shall be Decided: October 24, 1995. Request Submitted for Public protected under Oregon Short Line R. By the Commission, Joseph H. Dettmar, Comment and Recommendations; Co.—Abandonment—Goshen, 360 I.C.C. Acting Director, Office of Proceedings. Application for Alien Employment 91 (1979). To address whether this Vernon A. Williams, Certification condition adequately protects affected employees, a petition for partial Secretary. ACTION: Notice. revocation under 49 U.S.C. 10505(d) [FR Doc. 95–26945 Filed 10–27–95; 8:45 am] SUMMARY: The Department of Labor, as must be filed. BILLING CODE 7035±01±P part of its continuing effort to reduce Provided no formal expression of paperwork and respondent burden intent to file an offer of financial conducts a preclearance consultation assistance (OFA) has been received, this DEPARTMENT OF LABOR exemption will be effective on program to provide the general public and Federal agencies with an November 29, 1995, unless stayed Office of the Secretary pending reconsideration. Petitions to opportunity to comment on proposed stay that do not involve environmental Labor Research Advisory Council; and/or continuing collections of issues,3 formal expressions of intent to Reestablishment information in accordance with the file an OFA under 49 CFR Paperwork Reduction Act of 1995 1152.27(c)(2),4 and trail use/rail banking In accordance with the provisions of (PRA95) (44 U.S.C. 3506(c)(2)(A)). This requests under 49 CFR 1152.29 5 must the Federal Advisory Committee Act, program helps to ensure that requested be filed by November 9, 1995. Petitions and after consultation with General data can be provided in the desired to reopen or requests for public use Services Administration (GSA), I have format, reporting burden (time and conditions under 49 CFR 1152.28 must determined that renewal of the Labor financial resources) is minimized, be filed by November 20, 1995, with: Research Advisory Council is in the collection instruments are clearly Office of the Secretary, Case Control public interest in connection with the understood, and the impact of collection Branch, Interstate Commerce performance of duties imposed on the requirements on respondents can be Commission, Washington, DC 20423. Department of Labor. properly assessed. Currently, the A copy of any pleading filed with the The Council will advise the Employment and Training Commission should be sent to Commissioner of Labor Statistics Administration is soliciting comments applicant’s representative: Michael J. regarding the statistical and analytical concerning the proposed extension of Ogborn, 252 Clayton St., 4th Floor, work of the Bureau of Labor Statistics, the information collection of the Denver, CO 80206. providing perspectives on these Application for Alien Employment If the notice of exemption contains programs in relation to the needs of the Certification, Form ETA 750, Parts A false or misleading information, the labor unions and their members. and B. exemption is void ab initio. Council membership and A copy of the proposed information CKR has filed an environmental participation in the Council and its collection request can be obtained by report which addresses the subcommittees are broadly contacting the employee listed below in abandonment’s effects, if any, on the representative of union organizations of the contact section of this notice. environmental and historic resources. all sizes of membership, with national DATES: Written comments must be The Section of Environmental Analysis coverage that reflects the geographical, submitted on or before December 29, (SEA) will issue an environmental industrial, and occupational sectors of 1995. Written comments should the economy. evaluate whether the proposed 3 A stay will be issued routinely by the The Council will function solely as an collection of information is necessary Commission in those proceedings where an advisory body and in compliance with for the proper performance of the informed decision on environmental issues (whether raised by a party or by the Commission’s the provisions of the Federal Advisory functions of the agency, including Section of Environmental Analysis in its Committee Act. The Charter is being whether the information will have independent investigation) cannot be made prior to filed simultaneously herewith with the practical utility; evaluate the accuracy the effective date of the notice of exemption. See Library of Congress and the appropriate of the agency’s estimate of the burden of Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any entity seeking a stay on congressional committees. the proposed collection of information environmental concerns is encouraged to file its Interested persons are invited to including the validity of the request as soon as possible in order to permit the submit comments regarding renewal of methodology and assumptions used; Commission to review and act on the request before the Labor Research Advisory Council. enhance the quality, utility, and clarity the effective date of this exemption. Such comments should be addressed to: of the information to be collected; and 4 See Exempt. of Rail Abandonment—Offers of Finan. Assist., 4 I.C.C.2d 164 (1987). William G. Barron, Jr., Bureau of Labor minimize the burden of the collection of 5 The Commission will accept a late-filed trail use Statistics, Department of Labor, Postal information on those who are to request as long as it retains jurisdiction to do so. Square Building, 2 Massachusetts respond, including through the use of 55284 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices appropriate automated, electronic, Dated: October 24, 1995. will be filed under the Federal Advisory mechanical, or other technological John M. Robinson, Committee Act 15 days from the date of automated, electronic, mechanical, or Deputy Assistant Secretary, Employment publication of this notice. other technological collection Training Administration. Dated: October 24, 1995. techniques or other forms of information [FR Doc. 95–26815 Filed 10–27–95; 8:45 am] Robert B. Reich, technology, e.g., permitting electronic BILLING CODE 4510±30±P Secretary of Labor. submission of responses. [FR Doc. 95–26816 Filed 10–27–95; 8:45 am] ADDRESSES: Flora T. Richardson, U.S. BILLING CODE 4510±43±M Employment Service, Employment and Mine Safety and Health Administration Training Administration, Department of Renewal of Advisory Committee Labor, Room N–4456, 200 Constitution Charter Occupational Safety and Health Avenue, NW., Washington, DC 20210, Administration 202–219–5263 (this is not a toll-free AGENCY: Mine Safety and Health number). Administration, Labor. Grants and Cooperative Agreements; Availability, etc: Energy Department's SUPPLEMENTARY INFORMATION: ACTION: Notice of renewal of advisory committee charter. Safety and Health Review Programs at I. Background Government-Owned-Contractor- SUMMARY: After consultation with the Under section 212(a)(5)(A) of the Operated Facilities General Services Administration, the Immigration and Nationality Act (INA) Department of Labor is renewing the AGENCY: Occupational Safety and Health (8 U.S.C. 1182(a)(5)(A)) certain aliens charter for the Mine Safety and Health Administration (OSHA). may not obtain a visa for entrance into Administration’s Advisory Committee ACTION: Notice of availability of funds the United States in order to engage in on the Elimination of Pneumoconiosis and request for grant applications. permanent employment unless the Among Coal Miners for a period of one Secretary of Labor has first certified to SUMMARY: The Occupational Safety and year. the Secretary of State and to the Health Administration (OSHA) wishes Attorney General that: (1) There are not FOR FURTHER INFORMATION CONTACT: to award funds to a non-profit Patricia W. Silvey, Director; Office of sufficient United States workers, who organization to study items specified in Standards, Regulations, and Variances; are able, willing, qualified and available a recent Memorandum of Understanding Mine Safety and Health Administration; at the time of application for a visa and (MOU) between the Department of 4015 Wilson Boulevard, Room 631, admission into the United States and at Energy and OSHA. The MOU covers Arlington, VA 22203; 703–235–1910. the place where the alien is to perform potential assumption by OSHA of health the work, and (2) The employment of SUPPLEMENTARY INFORMATION: By this and safety related jurisdictional the alien will not adversely affect the notice and after consultation with the responsibilities currently being wages and working conditions of United General Services Administration, the performed by DOE at its Government- States workers similarly employed. Department of Labor is renewing the Owned-Contractor-Operated (GOCO) charter of the Advisory Committee on facilities. II. Current Actions the Elimination of Pneumoconiosis DATES: All applications must be Among Coal Miners for a period of one This is a request for OMB approval received no later than 4:30 p.m. Eastern year, until September 30, 1996. The under [the Paperwork Reduction Act of Standard Time, November 20, 1995. charter was to expire on September 30, 1995 (44 U.S.C. 3506(c)(2)(A)] of an ADDRESSES: Grant applications must be extension to an existing collection of 1995. This action is necessary and in the public interest. submitted to: U.S. Department of information previously approved and Labor—Occupational Safety and Health assigned OMB Control No. 1205–0015. The committee will develop recommendations for improved Administration, Office of Finance, There is no change in burden. Division of Grants Management, 200 Type of Review: Extension. standards, or other appropriate actions, addressing: permissible exposure limits Constitution Avenue, NW, Washington, Agency: Employment and Training DC 20210, Attn: E. Tyna Coles. Administration, Labor. to eliminate black lung disease and silicosis; the means to control respirable FOR FURTHER INFORMATION CONTACT: Rick Title: Application for Alien coal mine dust levels; improved Cee, Division Director, OSHA Salt Lake Employment Certification. monitoring of respirable coal dust levels Technical Center, 1781 South 300 West, OMB Number: 1205–0015. and the role of the miner in that Salt Lake City, UT 84165. Frequency: On occasion. monitoring; and the adequacy of SUPPLEMENTARY INFORMATION: Affected Public: Individuals or operator sampling programs to households, State or local governments determine the actual levels of dust Background and Businesses or other for-profit/not concentrations to which miners are Section 20(c) of the Occupational for-profit institutions. exposed. Safety and Health Act provides for the Number of Respondents: 54,000. The Committee will consist of nine Secretary to enter into contracts, Estimated Time Per Respondent: 2.80 members and includes two agreements or other arrangements with hours per response. representatives from labor, and two appropriate public agencies or private Total Estimated Cost: Approximately representatives of the coal mining organizations for the purpose of $49.9 million. industry. The Committee’s statutorily conducting studies relating to his Total Burden Hours: 151,200. mandated majority will be composed of responsibilities under this Act. Comments submitted in response to five individuals who have no economic this notice will be summarized and/or interests in the coal or other mining Scope included in the request for Office of industry and who are not operators, The purpose of this notice is to Management and Budget approval of the miners, or officers or employees of the announce the availability of funds for information collection request; they will Federal government or any State or local one grant to review the Department of also become a matter of public record. government. The Committee’s charter Energy’s safety and health programs. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55285
In addition to the Assistant Secretary programs and existing DOE external a State Plan, or consultation programs of Labor for the Occupational Safety and enforcement activities [e.g., transfer of provided by State designated agencies Health Administration, the final report the gaseous diffusion plants to OSHA under section 7(c)(1) of the shall be submitted concurrently to the enforcement, Nuclear Regulatory Occupational Safety and Health Act. Assistant Secretary of Energy for Commission (NRC), and 5. Activities directly or indirectly Environment, Safety, and Health. —Environmental Protection Agency intended to generate membership in the The advisory services requested will (EPA) enforcement activities; OSHA grant recipient’s organization. This have considerable impact regarding the enforcement of worker protection includes activities to acquaint transfer of health and safety oversight matters on non-exempt DOE facilities] nonmembers with the benefits of from the Department of Energy (DOE) to as well as future findings of the membership, inclusion of membership OSHA. The operations and systems to Advisory Committee on External appeals in materials produced with be studied are highly sophisticated, Regulation of DOE Nuclear Safety; grant funds, and membership drives. requires a high level of security when and Administrative Requirements examining certain issues, and has a —An examination of the worker large magnitude of scope. To provide protection-related roles of other Grantees will comply with applicable OSHA advice regarding these systems external enforcement activities and requirements of the following OMB and operations requires the contractor to clarification of institutional relations Circulars. be familiar with the operations of DOE, between: OSHA and DOE; DOE and 1. A–110, which covers grant OSHA, and other aspects of the Federal its management and operating (M&O) requirements for nonprofit government, to be capable of handling contractors; M&O contractors and organizations, including universities any security issues as they arise subcontractors; and between Federal, and hospitals. The Department of Labor (security clearances, confidentiality, State, and Tribal jurisdictions. regulations implementing this circular etc.), to be capable of grasping the Eligible Applicants can be found at 29 CFR Part 93. highly sophisticated nature of work 2. A–21, which gives cost principles performed at the GOCO sites, to have Any nonprofit organization that is not applicable to educational institutions. impartiality and independence during an agency of a State or local government 3. A–122, which gives cost principles any deliberations, and have the is eligible to apply. However, State or applicable to other nonprofit technical expertise available to make local government supported institutions organizations. of higher education are eligible to apply sound recommendations concerning 4. A–133, which provides audit in accordance with 29 CFR 97.4(a)(1). critical health and safety issues. requirements. The Department of Labor Applicants other than State or local Respondents should have the capability regulations implementing this circular government supported institutions of to assemble as committee or board of the can be found at 29 CFR Part 96. higher education will be required to Nation’s eminent scholars which are All applicants will be required to submit evidence of nonprofit status, then able to render advice and guidance certify to a drug-free workplace in from the Internal Revenue Service. of high quality and objectivity to accordance with 20 CFR Part 98 and to address high priority national problems. A consortium of two or more eligible applicants is also eligible to apply. Each comply with the New Restrictions on The study must include but is not Lobbying published at 29 CFR Part 93. limited to: consortium must have a written agreement that spells out roles and Evaluation Process and Criteria —An inventory of DOE facilities and responsibilities for each consortium Applications for grants solicited in identification of the types of hazards member and designates one member as this notice will be evaluated on a likely to be found at each of these the lead agency. The lead agency will competitive basis by the Assistant facilities; receive the grant and be responsible for Secretary for Occupational Safety and —An examination of DOE’s current grant administration. occupational safety and health Health with assistance and advice from program and the role that this Nonsupportable Activities OSHA staff. corporate program could assume if Statutory and regulatory limitations, The following factors, which are not there is a transition to OSHA as well as the objectives of the grant ranked in order of importance, will be enforcement; program, prevent reimbursing grantees considered in evaluating grant —An investigation of the additional for certain activities. These limitations applications. resources required by OSHA if it were include the following. 1. Program Design to assume the transferred regulatory 1. Any activities inconsistent with the and enforcement authority and of the goals and objectives of the Occupational a. The plan for evaluating the external costs associated with Safety and Health Act of 1970. program’s effectiveness in achieving its maintaining regulatory and 2. Activities for the benefit of State, objectives. enforcement authority within DOE. county or municipal workers unless b. The feasibility and soundness of —The development of a transition those workers are covered by a State the proposed work plan in achieving the schedule for OSHA if it were to Plan funded by OSHA under section program objectives effectively. assume enforcement authority over 23(g) of the Occupational Safety and 2. Program Experience working conditions at DOE GOCO Health Act. facilities; 3. Activities that provide assistance to a. The occupational safety and health —Identification and consideration of workers in arbitration cases or other experience of the applicant recent occupational safety and health actions against employers, or that organization. program improvements within the provide assistance to employers and/or b. The experience of the applicant DOE community such as the workers in the prosecution of claims organization in developing and establishment of safety and health against Federal, State or local conducting complex scientific studies. committees; governments. c. The technical and professional —An examination of lessons learned 4. Activities that directly duplicate expertise of present or proposed project from OSHA special emphasis services offered by OSHA, a State under staff in occupational safety and health. 55286 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
3. Administrative Capability SUMMARY: The NRC is preparing a FedWorld, 1–800–303–9672, or use the a. The managerial expertise of the submittal to OMB for review or FedWorld internet address: applicant as evidenced by the variety continued approval of information fedworld.gov (Telnet). This document and complexity of programs it has collection under the provisions of the will be available on the bulletin board administered over the past five years. Paperwork Reduction Act (44 U.S.C. for 30 days after the signature date of b. The experience of the applicant in Chapter 35). this notice. If assistance is needed in Information pertaining to the administering Federal and/or State accessing the document, please contact requirement to be submitted: grants. the FedWorld help desk at 703–487– 1. The title of the information d. The completeness of the 4608. collection: 10 CFR Parts 20 Standards application, including budget detail, Comments and questions can be for Protection Against Radiation. narrative and workplans. directed the NRC Clearance Officer, 2. Current OMB approval number: Brenda J. Shelton, U.S. Nuclear 4. Budget 3150–0014. Regulatory Commission, T–6 F33, 3. How often is the collection a. The reasonableness of the budget in Washington, DC, 20555–0001 or by required: Annually. telephone at (301) 415–7233, or by relation to the proposed study. 4. Who is required or asked to report: b. The compliance of the budget, with Internet electronic mail at NRC licensees. [email protected]. Federal cost principles contained in 5. The number of respondents: 773. applicable OMB Circulars. 6. The number of hours needed Dated at Rockville, Maryland, this 24th day of October, 1995. Availability of Funds annually to complete the requirement or request: 209,605. For the Nuclear Regulatory Commission. There is approximately $500,000 7. Abstract: 10 CFR Part 20 establishes Gerald F. Cranford, available for this grant which will be standards for protection against ionizing awarded for a six-month period. Designated Senior Official, for Information radiation resulting from activities Resources Management. Notification of Selection conducted under licenses issued by the [FR Doc. 95–26806 Filed 10–27–95; 8:45 am] NRC. These standards in part require BILLING CODE 7590±01±P Following review and evaluation, an the establishment of radiation organization will be selected and will be protection programs, the maintenance of notified by a representative of the radiation records, the recording of [Docket No. 50±213] Assistant Secretary. Any applicant radiation received by workers, the whose proposal is not selected will be reporting of incidents which could Connecticut Yankee Atomic Power notified in writing to that effect. Notice cause exposure to radiation and the Company; Notice of Withdrawal of of selection as a potential grant recipient submittal of an annual report to NRC of Application for Amendment to Facility will not constitute approval of the grant the results of individual monitoring. Operating License application as submitted. Prior to the These mandatory requirements are actual grant award, representatives of needed to protect occupationally The U.S. Nuclear Regulatory the potential grant recipient and OSHA exposed individuals from undue risks of Commission (the Commission) has will enter into negotiations concerning excessive exposure to ionizing radiation granted the request of Connecticut such items as review guidelines, final and to protect the health and safety of Yankee Atomic Power Company (the funding levels, and administrative the public. licensee) to withdraw its August 3, systems. If negotiations do not result in Submit, by December 29, 1995, 1995, application for proposed an acceptable submittal, the Assistant comments that address the following amendment to Facility Operating Secretary reserves the right to terminate questions: License No. DPR–61 for the Haddam the negotiation and decline to fund the 1. Is the proposed collection of Neck Plant, located in Middlesex proposal. information necessary for the NRC to County, Connecticut. Signed at Washington, DC, this 20th day of properly perform its functions? Does the The proposed amendment would October, 1995. information have practical utility? have revised the facility technical Joseph A. Dear, 2. Is the burden estimate accurate? specifications pertaining to the water Assistant Secretary. 3. Is there a way to enhance the temperature of the ultimate heat sink. [FR Doc. 95–26685 Filed 10–27–95; 8:45 am] quality, utility, and clarity of the The Commission had previously information to be collected? issued a Notice of Consideration of BILLING CODE 4510±26±M 4. How can the burden of the Issuance of Amendment published in information collection be minimized, the Federal Register on August 30, 1995 including the use of automated (60 FR 45179). However, by letter dated NUCLEAR REGULATORY collection techniques or other forms of October 12, 1995, the licensee withdrew COMMISSION information technology? the proposed change. A copy of the draft supporting For further details with respect to this Documents Containing Reporting or statement may be viewed free of charge action, see the application for Recordkeeping Requirements: Notice at the NRC Public Document Room, amendment dated August 3, 1995, and of Pending Submittal to the Office of 2120 L Street, NW (Lower Level), the licensee’s letter dated October 12, Management and Budget (OMB) for Washington, DC 20555–0001. Members 1995, which withdrew the application Review of the public who are in the for license amendment. The above AGENCY: U. S. Nuclear Regulatory Washington, DC area can access this documents are available for public Commission (NRC). document via modem on the Public inspection at the Commission’s Public Document Room Bulletin Board (NRC’s Document Room, the Gelman Building, ACTION: Notice of pending NRC action to Advanced Copy Document Library) NRC 2120 L Street, NW., Washington, DC, submit an information collection subsystem at FedWorld, 703–321–3339. and at the local public document room request to OMB and solicitation of Members of the public located outside located at the Russell Library, 123 Broad public comment. of the Washington, DC area can dial Street, Middletown, CT 06457. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55287
Dated at Rockville, Maryland, this 24th day For the Atomic Safety and Licensing may find that there are more legal issues of October 1995. Boards. than those set forth above. Or, the For the Nuclear Regulatory Commission. Charles Bechhoefer, Commission may find that the Postal Alan B. Wang, Chairman, Administrative Judge. Service’s determination disposes of one Project Manager, Project Directorate I–3, [FR Doc. 95–26808 Filed 10–27–95; 8:45 am] or more of those issues. Division of Reactor Projects—I/II, Office of BILLING CODE 7590±01±P The Postal Reorganization Act Nuclear Reactor Regulation. requires that the Commission issue its [FR Doc. 95–26804 Filed 10–27–95; 8:45 am] [Docket Nos. 50±266 and 50±301] decision within 120 days from the date BILLING CODE 7590±01±P this appeal was filed (39 U.S.C. 404 Wisconsin Electric Power Company; (b)(5)). In the interest of expedition, in light of the 120-day decision schedule, Atomic Safety and Licensing Board Point Beach Nuclear Plant, Units 1 and 2 Correction to Notice of Exemption the Commission may request the Postal [Docket No. 50±160±Ren ASLBP No. 95± Service to submit memoranda of law on 704±01±Ren; Docket No. 50±160±OM On July 24, 1995, the Federal Register any appropriate issue. If requested, such ASLBP No. 95±710±01±OM] published the Notice of Exemption from memoranda will be due 20 days from certain technical requirements of the issuance of the request and the Georgia Institute of Technology, Appendix R to 10 CFR Part 50 for Point Postal Service shall serve a copy of its Atlanta, GA; Georgia Tech Research Beach Nuclear Power, Units 1 and 2. On memoranda on the petitioners. The Reactor; Renewal of Facility License page 37909, the fifth sentence in the Postal Service may incorporate by No. R±97 and Order Modifying Facility third full paragraph in the third column reference in its briefs or motions, any Operating License No. R±97 incorrectly refers to cable tray GCO1–O2 arguments presented in memoranda it October 24, 1995. instead of cable tray GGO1–O4. On page previously filed in this docket. If 37910, the second sentence in the Before Administrative Judges: Charles necessary, the Commission also may ask Bechhoefer, Chairman, Dr. Jerry R. Kline, Dr. second full paragraph in the second petitioners or the Postal Service for Peter S. Lam. column incorrectly states the separation more information. between the steam-driven auxiliary Notice of Prehearing Conferences feedwater pumps as 29 feet instead of 44 The Commission Orders feet. These corrections do not impact Notice is hereby given that prehearing (a) The Postal Service shall file the the findings providing the basis for conferences will be held in each of these record in this appeal by November 3, granting the exemption. proceedings, on Wednesday, November 1995. 15, 1995, beginning at 9:30 a.m., at the Dated at Rockville, Maryland, this 24th day Richard B. Russell Federal Building, of October 1995. (b) The Secretary of the Postal Rate Commission shall publish this Notice Room 224, 75 Spring St., Atlanta, For the Nuclear Regulatory Commission. and Order and Procedural Schedule in Georgia. Allen G. Hansen, The conference in the license-renewal the Federal Register. proceeding will amount to a status Project Manager, Project Directorate III–3, Division of Reactor Projects III/IV, Office of By the Commission. conference, authorized by 10 CFR 2.752, Nuclear Reactor Regulation. Margaret P. Crenshaw, following issuance by the Commission [FR Doc. 95–26807 Filed 10–27–95; 8:45 am] Secretary. on October 12, 1995 of CLI–95–12, which upheld our earlier decision in BILLING CODE 7590±01±P Appendix LBP–95–6 that Georgians Against October 20, 1995 Nuclear Energy (GANE) has standing to Filing of Appeal letter participate in this proceeding and that POSTAL RATE COMMISSION October 25, 1995 its contention 9 is admissible. [Order No. 1086; Docket No. A96±2] Commission Notice and Order of Filing of (Contention 5 has been remanded to us Appeal and we are preparing a decision on the Kinross, Iowa 52250 (Kathleen Enz November 14, 1995 Last day of filing of petitions to intervene mootness of that contention.) Matters to Allison, et al., Petitioners); Notice and Order Accepting Appeal and [see 39 CFR 3001.111(b)] be discussed will include discovery November 24, 1995 matters, including several motions as to Establishing Procedural Schedule Petitioners’ Participant Statement or Initial which we deferred decision pending the Under 39 U.S.C. 404(b)(5) Brief [see 39 CFR 3001.115 (a) and (b)] Commission’s resolution of the appeals December 14, 1995 Issued October 25, 1995. before it, identification of potential Postal Service’s Answering Brief [see 39 witnesses, and future schedules. Docket Number: A96–2 CFR 3001.115(c)] The matters to be discussed in the Name of Affected Post Office: Kinross, December 29, 1995 fuel proceeding (which is an Iowa 52250 Petitioners’ Reply Brief should Petitioner enforcement proceeding governed by 10 Name(s) of Petitioner(s): Kathleen Enz choose to file one [see 39 CFR CFR 2.200 et seq.) are similar to those Allison, et al. 3001.115(d)] January 5, 1996 normally discussed at an initial Type of Determination: Closing Deadline for motions by any party prehearing conference authorized by 10 Date of Filing of Appeal Papers: October requesting oral argument. The CFR 2.751a for licensing proceedings, 20, 1995 Commission will schedule oral argument including GANE’s standing, the Categories of Issues Apparently Raised: only when it is a necessary addition to technical bases for its single proposed 1. Effect on postal services [39 U.S.C. the written filings [see 39 CFR 3001.116] contention and other matters pertinent 404(b)(2)(C)]. February 17, 1996 to the proceeding. 2. Effect on the community [39 U.S.C. Expiration of the Commission’s 120-day Members of the public are invited to 404(b)(2)(A)]. decisional schedule [see 39 U.S.C. 404(b)(5)] attend the conferences but may not After the Postal Service files the otherwise participate in the proceeding. administrative record and the [FR Doc. 95–26878 Filed 10–27–95; 8:45 am] Dated: October 24, 1995. Commission reviews it, the Commission BILLING CODE 7710±FW±P 55288 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
SECURITIES AND EXCHANGE not been declared effective and Hearing requests should state the nature COMMISSION applicant has not made a public offering of the writer’s interest, the reason for the of its shares. request, and the issues contested. [Investment Company Act Release No. 2. Applicant has not issued or sold 21435; 811±3164] Persons may request notification of a any securities, except to its sole hearing by writing to the SEC’s Dreyfus Cash Reserves, Inc.; Notice of shareholder and sponsor, The Dreyfus Secretary. Corporation. As of the date of the filing Application ADDRESSES: of the application, applicant has no Secretary, SEC, 450 Fifth October 23, 1995. shareholders, liabilities or assets. Street, N.W., Washington, D.C. 20549. AGENCY: Securities and Exchange Applicant is not a party to any litigation Applicant, 144 Glenn Curtiss Boulevard, Commission (‘‘SEC’’). or administrative proceeding. Uniondale, New York 11556–0144. ACTION: Notice of Application for 3. Pursuant to written consent, the FOR FURTHER INFORMATION CONTACT: Deregistration under the Investment applicant’s sole director determined that Diane L. Titus, Paralegal Specialist, at Company Act of 1940 (the ‘‘Act’’). it was advisable and in the best interests (202) 942–0584, or Alison Baur, Branch of the applicant to withdraw its Chief, at (202) 942–0564 (Division of APPLICATION: Dreyfus Cash Reserves, Inc. registration statement with the SEC, Investment Management, Office of RELEVANT ACTION SECTION: Section 8(f). cease to be registered as an investment Investment Company Regulation). SUMMARY OF APPLICATION: Applicant company, terminate its existence as a Maryland corporation and to liquidate SUPPLEMENTARY INFORMATION: The requests an order declaring that it has following is a summary of the ceased to be an investment company. its assets and distribute the proceeds to The Dreyfus Corporation. application. The complete application FILING DATE: The application was filed 4. Applicant is not now engaged, nor may be obtained for a fee from the SEC’s on September 28, 1995. does it propose to engage in any Public Reference Branch. HEARING OR NOTIFICATION OF HEARING: An business activities other than those Applicant’s Representations order granting the application will be necessary for the winding-up of its issued unless the SEC orders a hearing. affairs. 1. Applicant is an open-end Interested persons may request a diversified management investment hearing by writing to the SEC’s For the SEC, by the Division of Investment Management, under delegated authority. company organized as a Maryland Secretary and serving applicant with a Margaret H. McFarland, corporation. On February 17, 1982, copy of the request, personally or by applicant filed a notice of registration mail. Hearing requests should be Deputy Secretary. [FR Doc. 95–26839 Filed 10–27–95; 8:45 am] pursuant to section 8(a) of the Act on received by the SEC by 5:30 p.m. on Form N–8A and a registration statement November 17, 1995, and should be BILLING CODE 8010±01±M under the Act and the Securities Act of accompanied by proof of service on the 1993. Applicant’s registration statement applicant, in the form of an affidavit or, [Investment Company Act Release No. has not been declared effective and for lawyers, a certificate of service. 21441; 881±3399] applicant has not made a public offering Hearing requests should state the nature of its shares. of the writer’s interest, the reason for the Dreyfus Financial Institution request, and the issues contested. Securities, Inc.; Notice of Application 2. Applicant has not issued or sold Persons may request notification of a any securities, except to its sole hearing by writing to the SEC’s October 23, 1995. shareholder and sponsor, The Dreyfus Secretary. AGENCY: Securities and Exchange Corporation. As of the date of the filing Commission (‘‘SEC‘‘). ADDRESSES: Secretary, SEC, 450 Fifth of the application, applicant has no Street, N.W., Washington, D.C. 20549. ACTION: Notidce of Application for shareholders, liabilities or assets. Applicant, 144 Glenn Curtiss Boulevard, Deregistration under the Investment Applicant is not a party to any litigation Uniondale, New York 11556–0144. Company Act of 1940 (the ‘‘Act’’). or administrative proceeding. 3. Pursuant to written consent, the FOR FURTHER INFORMATION CONTACT: APPLICANT: Dreyfus Financial Institution applicant’s sole director determined that Diane L. Titus, Paralegal Specialist, at Securities, Inc. (202) 942–0584, or Alison Baur, Branch it was advisable and in the best interests RELEVANT ACT SECTION: Section 8(f). Chief, at (202) 942–0564 (Division of of the applicant to withdraw its Investment Management, Office of SUMMARY OF APPLICATION: Applicant registration statement with the SEC, Investment Company Regulation). requests an order declaring that it has cease to be registered as an investment ceased to be an investment company. company, terminate its existence as a SUPPLEMENTARY INFORMATION: The following is a summary of the FILING DATE: The application was filed Maryland corporation and to liquidate application. The complete application on September 28, 1995. its assets and distribute the proceeds to may be obtained for a fee from the SEC’s HEARING OR NOTIFICATION OF HEARING: An The Dreyfus Corporation. Public Reference Branch. order granting the application will be 4. Applicant is not now engaged, nor issued unless the SEC orders a hearing. does it propose to engage in any Applicant’s Representations Interested persons may request a business activities other than those 1. Applicant is an open-end hearing by writing to the SEC’s necessary for the winding-up of its diversified management investment Secretary and serving applicant with a affairs. company organized as a Maryland copy of the request, personally or by For the SEC, by the Division of Investment corporation. On April 1, 1981, applicant mail. Hearing requests should be Management, under delegated authority. filed a notice of registration pursuant to received by the SEC by 5:30 p.m. on section 8(a) of the Act on Form N–8A November 17, 1995, and should be Margaret H. McFarland, and a registration statement under the accompanied by proof of service on the Deputy Secretary. Act and the Securities Act of 1933. applicant, in the form of an affidavit or, [FR Doc. 95–26833 Filed 10–27–95; 8:45 am] Applicant’s registration statement has for lawyers, a certificate of service. BILLING CODE 8010±01±M Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55289
[Investment Company Act Release No. 2. Applicant has not issued or sold Persons may request notification of a 21446; 811±3008] any securities, except to its sole hearing by writing to the SEC’s shareholder and sponsor, The Dreyfus Secretary. Dreyfus Liquid Assets II, Inc.; Notice of Corporation. As of the date of the filing Application of the application, applicant has no ADDRESSES: Secretary, SEC, 450 Fifth Street, NW., Washington, DC 20549. October 23, 1995. shareholders, liabilities or assets. Applicant, 144 Glenn Curtiss Boulevard, AGENCY: Securities and Exchange Applicant is not a party to any litigation Uniondale, New York 11556–0144. Commission (‘‘SEC’’). or administrative proceeding. 3. Pursuant to written consent, the ACTION: Notice of Application for FOR FURTHER INFORMATION CONTACT: applicant’s sole director determined that Deregistration under the Investment Diane L. Titus, Paralegal Specialist, at Company Act of 1940 (the ‘‘Act’’). it was advisable and in the best interests of the applicant to withdraw its (202) 942–0584, or Alison Baur, Branch Chief, at (202) 942–0564 (Division of APPLICANT: Dreyfus Liquid Assets II, Inc. registration statement with the SEC, Investment Management, Office of RELEVANT ACT SECTION: Section 8(f). cease to be registered as an investment company, terminate its existence as a Investment Company Regulation). SUMMARY OF APPLICATION: Applicant Maryland corporation and to liquidate requests an order declaring that it has SUPPLEMENTARY INFORMATION: The its assets and distribute the proceeds to ceased to be an investment company. following is a summary of the The Dreyfus Corporation. application. The complete application FILING DATE: The application was filed 4. Applicant is not now engaged, nor on September 28, 1995. may be obtained for a fee from the SEC’s does it propose to engage in any Public Reference Branch. HEARING OR NOTIFICATION OF HEARING: An business activities other than those order granting the application will be necessary for the winding-up of its Applicant’s Representations issued unless the SEC orders a hearing. affairs. Interested persons may request a 1. Applicant is an open-end For the SEC, by the Division of Investment diversified management investment hearing by writing to the SEC’s Management, under delegated authority. Secretary and serving applicant with a company organized as a Maryland Margaret H. McFarland, copy of the request, personally or by corporation. On February 11, 1985, mail. Hearing requests should be Deputy Secretary. applicant filed a notice of registration received by the SEC by 5:30 p.m. on [FR Doc. 95–26828 Filed 10–27–95; 8:45 am] pursuant to section 8(a) of the Act on November 17, 1995, and should be BILLING CODE 8010±01±M Form N–8A and a registration statement accompanied by proof of service on the under the Act and the Securities Act of applicant, in the form of an affidavit or, [Investment Company Act Release No. 1933. Applicant’s registration statement for lawyers, a certificate of service. 21434; 811±4225] has not been declared effective and Hearing requests should state the nature applicant has not made a public offering of the writer’s interest, the reason for the Dreyfus Market Opportunity Fund, Inc.; of its shares. request, and the issues contested. Notice of Application Persons may request notification of a 2. Applicant has not issued or sold hearing by writing to the SEC’s October 23, 1995. any securities, except to its sole Secretary. AGENCY: Securities and Exchange shareholder and sponsor, The Dreyfus Commission (‘‘SEC’’). Corporation. As of the date of the filing ADDRESSES: Secretary, SEC, 450 Fifth Street, N.W., Washington, D.C. 20549. ACTION: Notice of Application for of the application, applicant has no Applicant, 144 Glenn Curtiss Boulevard, Deregistration under the Investment shareholders, liabilities or assets. Uniondale, New York 11556–0144. Company Act of 1940 (the ‘‘Act’’). Applicant is not a party to any litigation or administrative proceeding. FOR FURTHER INFORMATION CONTACT: APPLICANT: Dreyfus Market Opportunity Diane L. Titus, Paralegal Specialist, at Fund, Inc. 3. Pursuant to written consent, the (202) 942–0584, or Alison Baur, Branch applicant’s sole director determined that RELEVANT ACT SECTION: Section 8(f). Chief, at (202) 942–0564 (Division of it was advisable and in the best interests Investment Management, Office of SUMMARY OF APPLICATION: Applicant of the applicant to withdraw its Investment Company Regulation). requests an order declaring that it has registration statement with the SEC, ceased to be an investment company. SUPPLEMENTARY INFORMATION: The cease to be registered as an investment following is a summary of the FILING DATE: The application was filed company, terminate its existence as a application. The complete application on September 28, 1995. Maryland corporation and to liquidate may be obtained for a fee from the SEC’s HEARING OR NOTIFICATION OF HEARING: An its assets and distribute the proceeds to Public Reference Branch. order granting the application will be The Dreyfus Corporation. issued unless the SEC orders a hearing. 4. Applicant is not now engaged, nor Applicant’s Representations Interested persons may request a 1. Applicant is an open-end hearing by writing to the SEC’s does it propose to engage in any diversified management investment Secretary and serving applicant with a business activities other than those company organized as a Maryland copy of the request, personally or by necessary for the winding-up of its corporation. On March 17, 1980, mail. Hearing requests should be affairs. applicant filed a notice of registration received by the SEC by 5:30 p.m. on For the SEC, by the Division of Investment pursuant to section 8(a) of the Act on November 17, 1995, and should be Management, under delegated authority. Form N–8A and a registration statement accompanied by proof of service on the Margaret H. McFarland, under the Act and the Securities Act of applicant, in the form of an affidavit or, Deputy Secretary. 1933. Applicant’s registration statement for lawyers, a certificate of service. [FR Doc. 95–26840 Filed 10–27–95; 8:45 am] was declared effective on April 8, 1980, Hearing requests should state the nature but applicant has not made a public of the writer’s interest, the reason for the BILLING CODE 8010±01±M offering of its shares. request, and the issues contested. 55290 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
[Investment Company Act Release No. applicant has not made a public offering of the writer’s interest, the reason for the 21445; 811±4120] of its shares. request, and the issues contested. 2. Applicant has not issued or sold Persons may request notification of a Dreyfus New York Tax Exempt Money any securities, except to its sole hearing by writing to the SEC’s Market Fund, Inc.; Notice of shareholder and sponsor, The Dreyfus Secretary. Application Corporation. As of the date of the filing of the application, applicant has no ADDRESSES: Secretary, SEC, 450 Fifth October 23, 1995. Street, NW., Washington, DC 20549. AGENCY: shareholders, liabilities or assets. Securities and Exchange Applicant, 144 Glenn Curtiss Boulevard, Commission (‘‘SEC’’). Applicant is not a party to any litigation or administrative proceeding. Uniondale, New York 11556–0144. ACTION: Notice of Application for Deregistration under the Investment 3. Pursuant to written consent, the FOR FURTHER INFORMATION CONTACT: Company Act of 1940 (the ‘‘Act’’). applicant’s sole director determined that it was advisable and in the best interests Diane L. Titus, Paralegal Specialist, at (202) 942–0584, or Alison Baur, Branch APPLICANT: Dreyfus New York Tax of the applicant to withdraw its Chief, at (202) 942–0564 (Division of Exempt Money Market Fund, Inc. registration statement with the SEC, Investment Management, Office of RELEVANT ACT SECTION: Section 8(f). cease to be registered as an investment company, terminate its existence as a Investment Company Regulation). SUMMARY OF APPLICATION: Applicant Maryland corporation and to liquidate requests an order declaring that it has SUPPLEMENTARY INFORMATION: The its assets and distribute the proceeds to ceased to be an investment company. following is a summary of the The Dreyfus Corporation. application. The complete application FILING DATE: The application was field 4. Applicant is not now engaged, nor on September 28, 1995. may be obtained for a fee from the SEC’s does it propose to engage in any Public Reference Branch. HEARING OR NOTIFICATION OF HEARING: An business activities other than those order granting the application will be necessary for the winding-up of its Applicant’s Representations issued unless the SEC orders a hearing. affairs. Interested persons may request a 1. Applicant is an open-end For the SEC, by the Division of Investment diversified management investment hearing by writing to the SEC’s Management, under delegated authority. Secretary and serving applicant with a company organized as a Maryland Margaret H. McFarland, copy of the request, personally or by corporation. On November 23, 1976, mail. Hearing requests should be Deputy Secretary. applicant filed a notice of registration received by the SEC by 5:30 p.m. on [FR Doc. 95–26829 Filed 10–27–95; 8:45 am] pursuant to section 8(a) of the Act on November 17, 1995, and should be BILLING CODE 8010±01±M Form N–8A and a registration statement accompanied by proof of service on the under the Act and the Securities Act of applicant, in the form of an affidavit or, [Investment Company Act Release No. 1933. Applicant’s registration statement for lawyers, a certificate of service. 21433; 811±2709] was declared effective on November 15, Hearing requests should state the nature 1977, but applicant has not made a of the writer’s interest, the reason for the Dreyfus New York Tax Exempt Bond public offering of its shares. request, and the issues contested. Fund, Inc.; Notice of Application 2. Applicant has not issued or sold Persons may request notification of a October 23, 1995. any securities, except to its shareholder hearing by writing to the SEC’s and sponsor, The Dreyfus Corporation. Secretary. AGENCY: Securities and Exchange Commission (‘‘SEC’’). As of the date of the filing of the ADDRESSES: Secretary, SEC, 450 Fifth application, applicant has no ACTION: Notice of Application for Street, NW., Washington, DC 20549. shareholders, liabilities or assets. Applicant, 144 Glenn Curtiss Boulevard, Deregistration under the Investment Company Act of 1940 (the ‘‘Act’’). Applicant is not a party to any litigation Uniondale, New York 11556–0144. or administrative proceeding. FOR FURTHER INFORMATION CONTACT: APPLICANT: Dreyfus New York Tax 3. Pursuant to written consent, the Diane L. Titus, Paralegal Specialist, at Exempt Bond Fund, Inc. applicant’s sole director determined that (202) 942–0584, or Alison Baur, Branch RELEVANT ACT SECTION: Section 8(f). it was advisable and in the best interests Chief, at (202) 942–0564 (Division of of the applicant to withdraw its Investment Management, Office of SUMMARY OF APPLICATION: Applicant Investment Company Regulation). requests an order declaring that it has registration statement with the SEC, ceased to be an investment company. cease to be registered as an investment SUPPLEMENTARY INFORMATION: The FILING DATE: The application was filed company, terminate its existence as a following is a summary of the Maryland corporation and to liquidate application. The complete application on September 28, 1995. its assets and distribute the proceeds to may be obtained for a fee from the SEC’s HEARING OR NOTIFICATION OF HEARING: An The Dreyfus Corporation. Public Reference Branch. order granting the application will be issued unless the SEC orders a hearing. 4. Applicant is not now engaged, nor Applicant’s Representations Interested persons may request a does it proposed to engage in any 1. Applicant is an open-end hearing by writing to the SEC’s business activities other than those diversified management investment Secretary and serving applicant with a necessary for the winding-up of its company organized as a Maryland copy of the request, personally or by affairs. corporation. On October 10, 1984, mail. Hearing requests should be For the SEC, by the Division of Investment applicant filed a notice of registration received by the SEC by 5:30 p.m. on Management, under delegated authority. pursuant to section 8(a) of the Act on November 17, 1995, and should be Form N–8A and a registration statement accompanied by proof of service on the Margaret H. McFarland, under the Act and the Securities Act of applicant, in the form of an affidavit or, Deputy Secretary. 1933. Applicant’s registration statement for lawyers, a certificate of service. [FR Doc. 95–26841 Filed 10–27–95; 8:45 am] has not been declared effective and Hearing requests should state the nature BILLING CODE 8010±01±M Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55291
[Investment Company Act Release No. 2. Applicant has not issued or sold hearing by writing to the SEC’s 21444; 811±3936] any securities, except to its sole Secretary. shareholder and sponsor, The Dreyfus Dreyfus Qualified Dividend Fund, Inc.; ADDRESSES: Corporation. As of the date of the filing Secretary, SEC, 450 Fifth Notice of Application of the application, applicant has no Street, N.W., Washington, D.C. 20549. Applicant, 144 Glenn Curtiss Boulevard, October 23, 1995. shareholders, liabilities or assets. Uniondale, New York 11556–0144. AGENCY: Securities and Exchange Applicant is not a party to any litigation Commission (‘‘SEC’’). or administrative proceeding. FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Application for 3. Pursuant to written consent, the Diane L. Titus, Paralegal Specialist, at Deregistration under the Investment applicant’s sole director determined that (202) 942–0584, or Alison Baur, Branch Company Act of 1940 (the ‘‘Act’’). it was advisable and in the best interests Chief, at (202) 942–0564 (Division of of the applicant to withdraw its Investment Management, Office of APPLICANT: Dreyfus Qualified Dividend registration statement with the SEC, Investment Company Regulation). Fund, Inc. cease to be registered as an investment RELEVANT ACT SECTION: Section 8(f). company, terminate its existence as a SUPPLEMENTARY INFORMATION: The SUMMARY OF APPLICATION: Applicant Maryland corporation and to liquidate following is a summary of the requests an order declaring that it has its assets and distribute the proceeds to application. The complete application ceased to be an investment company. The Dreyfus Corporation. may be obtained for a fee from the SEC’s FILING DATE: The application was filed 4. Applicant is not now engaged, nor Public Reference Branch. on September 28, 1995. does it propose to engage in any Applicant’s Representations HEARING OR NOTIFICATION OF HEARING: An business activities other than those order granting the application will be necessary for the winding-up of its 1. Applicant is an open-end issued unless the SEC orders a hearing. affairs. diversified management investment Interested persons may request a For the SEC, by the Division of Investment company organized as a Massachusetts hearing by writing to the SEC’s Management, under delegated authority. business trust. On July 26, 1985, Secretary and serving applicant with a Margaret H. McFarland, applicant filed a notice of registration copy of the request, personally or by Deputy Secretary. pursuant to section 8(a) of the Act on mail. Hearing requests should be [FR Doc. 95–26830 Filed 10–27–95; 8:45 am] Form N–8A and a registration statement received by the SEC by 5:30 p.m. on BILLING CODE 8010±01±M under the Act and the Securities Act of November 17, 1995, and should be 1933. Applicant’s registration statement accompanied by proof of service on the has not been declared effective and applicant, in the form of an affidavit or, [Investment Company Act Release No. for lawyers, a certificate of service. 21439; 811±4365] applicant has not made a public offering Hearing requests should state the nature of its shares. of the writers interest, the reasons for Dreyfus Target Maturities Fund; Notice 2. Applicant has not issued or sold the request, and the issues contested. of Application any securities, except to its sole Persons may request notification of a AGENCY: Securities and Exchange shareholder and sponsor, The Dreyfus hearing by writing to the SEC’s Commission (‘‘SEC’’). Corporation. As of the date of the filing Secretary. ACTION: Notice of Application for of the application, applicant has no ADDRESSES: Secretary, SEC, 450 Fifth Deregistration under the Investment shareholders, liabilities or assets. Street, N.W., Washington, D.C. 20549. Company Act of 1940 (the ‘‘Act’’). Applicant is not a party to any litigation Applicant, 144 Glenn Curtiss Boulevard, or administrative proceeding. Uniondale, New York 11556–0144. APPLICANT: Dreyfus Target Maturities 3. Pursuant to written consent, the FOR FURTHER INFORMATION CONTACT: Fund. applicant’s sole director determined that Diane L. Titus, Paralegal Specialist, at RELEVANT ACT SECTION: Section 8(f). it was advisable and in the best interests (202) 942–0584, or Alison Baur, Branch SUMMARY OF APPLICATION: Applicant Chief, at (202) 942–0564 (Division of of the applicant to withdraw its requests an order declaring that it has Investment Management, Office of registration statement with the SEC, ceased to be an investment company. Investment Company Regulation). cease to be registered as an investment FILING DATE: The application was filed company, terminate its existence as a SUPPLEMENTARY INFORMATION: The following is a summary of the on September 28, 1995. Maryland corporation and to liquidate application. The complete application HEARING OR NOTIFICATION OF HEARING: An its assets and distribute the proceeds to may be obtained for a fee from the SEC’s order granting the application will be The Dreyfus Corporation. Public Reference Branch. issued unless the SEC orders a hearing. 4. Applicant is not now engaged, nor Interested persons may request a Applicant’s Representations does it propose to engage in any hearing by writing to the SEC’s business activities other than those 1. Applicant is an open-end Secretary and serving applicant with a necessary for the winding-up of its diversified management investment copy of the request, personally or by affairs. company organized as a Maryland mail. Hearing requests should be corporation. On December 28, 1983, received by the SEC by 5:30 p.m. on For the SEC, by the Division of Investment applicant filed a notice of registration November 17, 1995, and should be Management, under delegated authority. pursuant to section 8(a) of the Act on accompanied by proof of service on the Margaret H. McFarland, Form N–8A and a registration statement applicant, in the form of an affidavit or, Deputy Secretary. under the Act and the Securities Act of for lawyers, a certificate of service. [FR Doc. 95–26835 Filed 10–27–95; 8:45 am] 1933. Applicant’s registration statement Hearing requests should state the nature BILLING CODE 8010±01±M has not been declared effective and of the writer’s interest, the reason for the applicant has not made a public offering request, and the issues contested. of its shares. Persons may request notification of a 55292 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
[Investment Company Act Release No. 2. Applicant has not issued or sold hearing by writing to the SEC’s 21437; 811±4907] any securities, except to its sole Secretary. shareholder and sponsor, The Dreyfus Dreyfus Taxable Municipals Fund; ADDRESSES: Corporation. As of the date of the filing Secretary, SEC, 450 Fifth Notice of Application of the application, applicant has no Street, N.W., Washington, D.C. 20549. Applicant, 144 Glenn Curtiss Boulevard, October 23, 1995. shareholders, liabilities or assets. Uniondale, New York 11556–0144. AGENCY: Securities and Exchange Applicant is not a party to any litigation Commission (‘‘SEC’’). or administrative proceeding. FOR FURTHER INFORMATION CONTACT: 3. Pursuant to written consent, the ACTION: Notice of Application for Diane L. Titus, Paralegal Specialist, at applicant’s sole director determined that Deregistration under the Investment (202) 942–0584, or Alison Baur, Branch Company Act of 1940 (the ‘‘Act’’). it was advisable and in the best interests of the applicant to withdraw its Chief, at (202) 942–0564 (Division of APPLICANT: Dreyfus Taxable Municipals registration statement with the SEC, Investment Management, Office of Fund. cease to be registered as an investment Investment Company Regulation). RELEVANT ACT SECTION: Section 8(f). company, terminate its existence as a SUPPLEMENTARY INFORMATION: The SUMMARY OF APPLICATION: Applicant Maryland corporation and to liquidate following is a summary of the requests an order declaring that it has its assets and distribute the proceeds to application. The complete application ceased to be an investment company. The Dreyfus Corporation. may be obtained for a fee from the SEC’s FILING DATE: The application was filed 4. Applicant is not now engaged, or Public Reference Branch. on September 28, 1995. does it propose to engage in any HEARING OR NOTIFICATION OF HEARING: An business activities other than those Applicant’s Representations order granting the application will be necessary for the winding-up of its affairs. 1. Applicant is an open-end issued unless the SEC orders a hearing. diversified management investment Interested persons may request a For the SEC, by the Division of Investment company organized as a Maryland hearing by writing to the SEC’s Management, under delegated authority. corporation. On August 11, 1980, Secretary and serving applicant with a Margaret H. McFarland, applicant filed a notice of registration copy of the request, personally or by Deputy Secretary. mail. Hearing requests should be pursuant to section 8(a) of the Act on [FR Doc. 95–26837 Filed 10–27–95; 8:45 am] Form N–8A and a registration statement received by the SEC by 5:30 p.m. on BILLING CODE 8010±01±M November 17, 1995, and should be under the Act and the Securities Act of accompanied by proof of service on the 1933. Applicant’s registration statement applicant, in the form of an affidavit or, [Investment Company Act Release No. has not been declared effective and for lawyers, a certificate of service. 21442; 811±3086] applicant has not made a public offering Hearing requests should state the nature of its shares. of the writer’s interest, the reason for the The Forest Fund, Inc.; Notice of Application 2. Applicant has not issued or sold request, and the issues contested. any securities, except to its sole Persons may request notification of a October 23, 1995 shareholder and sponsor, The Dreyfus hearing by writing to the SEC’s AGENCY: Securities and Exchange Corporation. As of the date of the filing Secretary. Commission (‘‘SEC’’). of the application, applicant has no ADDRESSES: Secretary, SEC, 450 Fifth ACTION: Notice of Application for shareholders, liabilities or assets. Street, N.W., Washington, D.C. 20549. Deregistration under the Investment Applicant is not a party to any litigation Applicant, 144 Glenn Curtiss Boulevard, Company Act of 1940 (the ‘‘Act’’). or administrative proceeding. Uniondale, New York 11556–0144. FOR FURTHER INFORMATION CONTACT: APPLICANT: The Forest Fund, Inc. 3. Pursuant to written consent, the applicant’s sole director determined that Diane L. Titus, Paralegal Specialist, at RELEVANT ACT SECTION: Section 8(f). (202) 942–0584, or Alison Baur, Branch it was advisable and in the best interests SUMMARY OF APPLICATION: Applicant Chief, at (202) 942–0564 (Division of of the applicant to withdraw its requests an order declaring that it has Investment Management, Office of registration statement with the SEC, ceased to be an investment company. Investment Company Regulation). cease to be registered as an investment FILING DATE: SUPPLEMENTARY INFORMATION: The The application was filed company, terminate its existence as a following is a summary of the on September 28, 1995. Maryland corporation and to liquidate application. The complete application HEARING OR NOTIFICATION OF HEARING: An its assets and distribute the proceeds to may be obtained for a fee from the SEC’s order granting the application will be The Dreyfus Corporation. issued unless the SEC orders a hearing. Public Reference Branch. 4. Applicant is not now engaged, nor Interested persons may request a does it propose to engage in any Applicant’s Representations hearing by writing to the SEC’s 1. Applicant is an open-end Secretary and serving applicant with a business activities other than those diversified management investment copy of the request, personally or by necessary for the winding-up of its company organized as a Massachusetts mail. Hearing requests should be affairs. business trust. On November 19, 1986, received by the SEC by 5:30 p.m. on For the SEC, by the Division of Investment applicant filed a notice of registration November 17, 1995, and should be Management, under delegated authority. pursuant to Section 8(a) of the Act on accompanied by proof of service on the Margaret H. McFarland, Form N–8A and a registration statement applicant, in the form of an affidavit or, Deputy Secretary. under the Act and the Securities Act of for lawyers, a certificate of service. [FR Doc. 95–26832 Filed 10–27–95; 8:45 am] 1933. Applicant’s registration statement Hearing requests should state the nature has not been declared effective and of the writer’s interest, the reason for the BILLING CODE 8010±01±M applicant has not made a public offering request, and the issues contested. of its shares. Persons may request notification of a Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55293
[Investment Company Act Release No. 2. Applicant has not issued or sold Persons may request notification of a 21436; 811±2961] any securities, except to its sole hearing by writing to the SEC’s shareholder and sponsor, The Dreyfus Lexington Short Term Tax Exempt Secretary. Corporation. As of the date of the filing Fund, Inc.; Notice of Application of the application, applicant has no ADDRESSES: Secretary, SEC, 450 Fifth Street, NW., Washington, DC 20549. October 23, 1995. shareholders, liabilities or assets. Applicant, 144 Glenn Curtiss Boulevard, AGENCY: Securities an Exchange Applicant is not a party to any litigation Commission (‘‘SEC’’). or administrative proceeding. Uniondale, New York 11556–0144. ACTION: Notice of Application for 3. Pursuant to written consent, the FOR FURTHER INFORMATION CONTACT: Deregistration under the Investment applicant’s sole director determined that Diane L. Titus, Paralegal Specialist, at Company Act of 1940 (the ‘‘Act’’). it was advisable and in the best interests (202) 942–0584, or Alison Baur, Branch of the applicant to withdraw its Chief, at (202) 942–0564 (Division of APPLICANT: Lexington Short Term Tax registration statement with the SEC, Investment Management, Office of Exempt Fund, Inc. cease to be registered as an investment Investment Company Regulation). RELEVANT ACT SECTION: Section 8(f). company, terminate its existence as a SUMMARY OF APPLICATION: Applicant Maryland corporation and to liquidate SUPPLEMENTARY INFORMATION: The requests an order declaring that it has its assets and distribute the proceeds to following is a summary of the ceased to be an investment company. The Dreyfus Corporation. application. The complete application FILING DATE: The application was filed 4. Applicant is not now engaged, nor may be obtained for a fee from the SEC’s on September 28, 1995. does it propose to engage in any Public Reference Branch. business activities other than those HEARING OR NOTIFICATION OF HEARING: An Applicant’s Representations order granting the application will be necessary for the winding-up of its issued unless the SEC orders a hearing. affairs. 1. Applicant is an open-end Interested persons may request a For the SEC, by the Division of Investment diversified management investment hearing by writing to the SEC’s Management, under delegated authority. company organized as a Maryland Secretary and serving applicant with a Margaret H. McFarland, corporation. On July 19, 1984, applicant copy of the request, personally or by Deputy Secretary. filed a notice of registration pursuant to mail. Hearing requests should be [FR Doc. 95–26838 Filed 10–27–95; 8:45 am] section 8(a) of the Act on Form N–8A received by the SEC by 5:30 p.m. on BILLING CODE 8010±01±M and a registration statement under the November 17, 1995, and should be Act and the Securities Act of 1933. accompanied by proof of service on the Applicant’s registration statement has applicant, in the form of an affidavit or, [Investment Company Act Release No. for lawyers, a certificate of service. 21443; 811±4073] not been declared effective and Hearing requests should state the nature applicant has not made a public offering of the writer’s interest, the reason for the Park Avenue Equity Fund, Inc.; Notice of its shares. request, and the issues contested. of Application 2. Applicant has not issued or sold Persons may request notification of a October 23, 1995. any securities, except to its sole hearing by writing to the SEC’s AGENCY: Securities and Exchange shareholder and sponsor, The Dreyfus Secretary. Commission (‘‘SEC’’). Corporation. As of the date of the filing ADDRESSES: Secretary, SEC, 450 Fifth ACTION: Notice of Application for of the application, applicant has no Street, N.W., Washington, D.C. 20549. Deregistration under the Investment shareholders, liabilities or assets. Applicant, 144 Glenn Curtiss Boulevard, Company Act of 1940 (the ‘‘Act’’). Applicant is not a party to any litigation Uniondale, New York 11556–0144. or administrative proceeding. FOR FURTHER INFORMATION CONTACT: APPLICANT: Park Avenue Equity Fund, 3. Pursuant to written consent, the Diane L. Titus, Paralegal Specialist, at Inc. applicant’s sole director determined that (202) 942–0584, or Alison Baur, Branch RELEVANT ACT SECTION: Section 8(f). Chief, at (202) 942–0564 (Division of it was advisable and in the best interests SUMMARY OF APPLICATION: Applicant Investment Management, Office of of the applicant to withdraw its requests an order declaring that it has Investment Company Regulation). registration statement with the SEC, ceased to be an investment company. cease to be registered as an investment SUPPLEMENTARY INFORMATION: The following is a summary of the FILING DATE: The application was filed company, terminate its existence as application. The complete application on September 28, 1995. Maryland corporation and to liquidate may be obtained for a fee from the SEC’s HEARING OR NOTIFICATION OF HEARING: An its assets and distribute the proceeds to Public Reference Branch order granting the application will be the Dreyfus Corporation. issued unless the SEC orders a hearing. Applicant’s Representations 4. Applicant is not now engaged, nor Interested persons may request a does it propose to engage in any 1. Applicant is an open-end hearing by writing to the SEC’s business activities other than those diversified management investment Secretary and serving applicant with a necessary for the winding-up of its company organized as a Maryland copy of the request, personally or by affairs. corporation. On October 15, 1979, mail. Hearing requests should be applicant filed a notice of registration received by the SEC by 5:30 p.m. on For the SEC, by the Division of Investment pursuant to section 8(a) of the Act on November 17, 1995, and should be Management, under delegated authority. Form N–8A and a registration statement accompanied by proof of service on the Margaret H. McFarland, under the Act and the Securities Act of applicant, in the form of an affidavit or, Deputy Secretary. 1933. Applicant’s registration statement for lawyers, a certificate of service. [FR Doc. 95–26831 Filed 10–27–95; 8:45 am] has not been declared effective and Hearing requests should state the nature BILLING CODE 8010±01±M applicant has not made a public offering of the writer’s interest, the reason for the of its shares. request, and the issues contested. 55294 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
[Investment Company Act Release No. 2. Applicant has not issued or sold Persons may request notification of a 21438; 811±5031] any securities, except to its sole hearing by writing to the SEC’s shareholder and sponsor, The Dreyfus Park Avenue Tax Exempt Money Secretary. Corporation. As of the date of the filing Market Fund; Notice of Application of the application, applicant has no ADDRESSES: Secretary, SEC, 450 Fifth Street, N.W., Washington, D.C. 20549. October 23, 1995. shareholders, liabilities or assets. Applicant, 144 Glenn Curtiss Boulevard, AGENCY: Securities and Exchange Applicant is not a party to any litigation Commission (‘‘SEC’’). or administrative proceeding. Uniondale, New York 11556–0144. ACTION: Notice of Application for 3. Pursuant to written consent, the FOR FURTHER INFORMATION CONTACT: applicant’s sole director determined that Deregistration under the Investment Diane L. Titus, Paralegal Specialist, at Company Act of 1940 (the ‘‘Act’’). it was advisable and in the best interests of the applicant to withdraw its (202) 942–0584, or Alison Baur, Branch APPLICANT: Park Avenue Tax Exempt registration statement with the SEC, Chief, at (202) 942–0564 (Division of Money Market Fund. cease to be registered as an investment Investment Management, Office of RELEVANT ACT SECTION: Section 8(f). company, terminate its existence as a Investment Company Regulation). SUMMARY OF APPLICATION: Applicant Maryland corporation and to liquidate SUPPLEMENTARY INFORMATION: The requests an order declaring that it has its assets and distribute the proceeds to following is a summary of the ceased to be an investment company. The Dreyfus Corporation. application. The complete application FILING DATE: The application was filed 4. Applicant is not now engaged, nor may be obtained for a fee from the SEC’s on September 28, 1995. does it propose to engage in any Public Reference Branch. HEARING OR NOTIFICATION OF HEARING: An business activities other than those order granting the application will be necessary for the winding-up of its Applicant’s Representations affairs. issued unless the SEC orders a hearing. 1. Applicant is an open-end Interested persons may request a For the SEC, by the Division of Investment diversified management investment hearing by writing to the SEC’s Management, under delegated authority. company organized as a Massachusetts Secretary and serving applicant with a Margaret M. McFarland, business trust. On January 4, 1985, copy of the request, personally or by Deputy Secretary. mail. Hearing requests should be applicant filed a notice of registration [FR Doc. 95–26836 Filed 10–27–95; 8:45 am] pursuant to section 8(a) of the Act on received by the SEC by 5:30 p.m. on BILLING CODE 8010±01±M November 17, 1995, and should be Form N–8A and a registration statement accompanied by proof of service on the under the Act and the Securities Act of applicant, in the form of an affidavit or, [Investment Company Act Release No. 1933. Applicant’s registration statement for lawyers, a certificate of service. 21440; 811±4200] has not been declared effective and Hearing requests should state the nature applicant has not made a public offering of the writer’s interest, the reason for the 1784 Government Money Market Fund; of its shares. Notice of Application request, and the issues contested. 2. Applicant has not issued or sold Persons may request notification of a October 23, 1995. any securities, except to its sole hearing by writing to the SEC’s AGENCY: Securities and Exchange shareholder and sponsor, The Dreyfus Secretary. Commission (‘‘SEC’’). Corporation. As of the date of the filing ADDRESSES: Secretary, SEC, 450 Fifth ACTION: Notice of Application for of the application, applicant has no Street, NW., Washington, DC 20549. Deregistration under the Investment shareholders, liabilities or assets. Applicant, 144 Glenn Curtiss Boulevard, Company Act of 1940 (the ‘‘Act’’). Applicant is not a party to any litigation Uniondale, New York 11556–0144. or administrative proceeding. FOR FURTHER INFORMATION CONTACT: APPLICANT: 1784 Government Money Diane L. Titus, Paralegal Specialist, at Market Fund. 3. Pursuant to written consent, the applicant’s sole director determined that (202) 942–0584, or Alison Baur, Branch RELEVANT ACT SECTION: Section 8(f). Chief, at (202) 942-0564 (Division of it was advisable and in the best interests SUMMARY OF APPLICATION: Applicant Investment Management, Office of of the applicant to withdraw its requests an order declaring that it has Investment Company Regulation). registration statement with the SEC, ceased to be an investment company. SUPPLEMENTARY INFORMATION: The cease to be registered as an investment following is a summary of the FILING DATE: The application was filed company, terminate its existence as a application. The complete application on September 28, 1995. Maryland corporation and to liquidate may be obtained for a fee from the SEC’s HEARING OR NOTIFICATION OF HEARING: An its assets and distribute the proceeds to Public Reference Branch. order granting the application will be The Dreyfus Corporation. issued unless the SEC orders a hearing. 4. Applicant is not now engaged, nor Applicant’s Representations Interested persons may request a 1. Applicant is an open-end hearing by writing to the SEC’s does it propose to engage in any diversified management investment Secretary and serving applicant with a business activities other than those company organized as a Massachusetts copy of the request, personally or by necessary for the winding-up of its business trust. On February 19, 1987, mail. Hearing requests should be affairs. applicant filed a notice of registration received by the SEC by 5:30 p.m. on For the SEC, by the Division of Investment pursuant to section 8(a) of the Act on November 17, 1995, and should be Management, under delegated authority. Form N–8A and a registration statement accompanied by proof of service on the Margaret H. McFarland, under the Act and the Securities Act of applicant, in the form of an affidavit or, Deputy Secretary. 1933. Applicant’s registration statement for lawyers, a certificate of service. [FR Doc. 95–26834 Filed 10–27–95; 8:45 am] has not been declared effective and Hearing requests should state the nature applicant has not made a public offering of the writer’s interest, the reason for the BILLING CODE 8010±01±M of its shares. request, and the issues contested. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55295
[Investment Company Act Release No. 2. Applicant has not issued or sold Secretariat, 1140 Connecticut Avenue, 21432; 811±4199] any securities, except to its sole N.W., Suite 1020, Washington, D.C. shareholder and sponsor, The Dreyfus 20036; (202) 833–9339 (phone) or (202) 1784 Money Market Fund; Notice of Corporation. As of the date of the filing 833–9434 (fax). Members of the public Application of the application, applicant has no may present a written statement to the October 23, 1995. shareholders, liabilities or assets. committee at any time. AGENCY: Securities and Exchange Applicant is not a party to any litigation Issued in Washington, D.C., on October 23, Commission (‘‘SEC’’). or administrative proceeding. 1995. 3. Pursuant to written consent the Janice L. Peters, ACTION: Notice of Application for applicant’s sole director determine that Designated Official. Deregistration under the Investment it was advisable and in the best interests Company Act of 1940 (the ‘‘Act’’). of the applicant to withdraw its [FR Doc. 95–26764 Filed 10–27–95; 8:45 am] BILLING CODE 4810±13±M APPLICANT: 1784 Money Market Fund. registration statement with the SEC, cease to be registered as an investment RELEVANT ACT SECTION: Section 8(f). company, terminate its existence as a RTCA, Inc., Special Committee 183, SUMMARY OF APPLICATION: Applicant Maryland corporation and to liquidate requests an order declaring that it has Standards for Airport Security Access its assets and distribute the proceeds to Control Systems; Meeting ceased to be an investment company. The Dreyfus Corporation. FILING DATE: The application was filed 4. Applicant is not now engaged, nor Pursuant to section 10(a)(2) of the on September 28, 1995. does it propose to engage in any Federal Advisory Committee Act (Pub. HEARING OR NOTIFICATION OF HEARING: An business activities other than those L. 92–463, 5 U.S.C., Appendix 2), notice order granting the application will be necessary for the winding-up of its is hereby given for Special Committee issued unless the SEC orders a hearing. affairs. 183 meeting to be held November 14, Interested persons may request a For the SEC, by the Division of Investment 1995, beginning at 1:00 p.m. The hearing by writing to the SEC’s Management, under delegated authority. meeting will be held at RTCA, Inc., 1140 Secretary and serving applicant with a Margaret H. McFarland, Connecticut Avenue, N.W., Suite 1020, copy of the request, personally or by Deputy Secretary. Washington, DC, 20036. The agenda will include: (1) Administrative mail. Hearing requests should be [FR Doc. 95–26842 Filed 10–27–95; 8:45 am] Announcements; (2) General received by the SEC by 5:30 p.m. on BILLING CODE 8010±01±M November 17, 1995, and should be Introductions; (3) Review and Approval accompanied by proof of service on the of Agenda; (4) Review and Approval of Minutes of the Previous Meeting; (5) applicant, in the form of an affidavit or, DEPARTMENT OF TRANSPORTATION for lawyers, a certificate of service. Review of SC–183 Meeting Schedule for Hearing requests should state the nature Federal Aviation Administration December 1995; (6) Review of Draft of the writer’s interest, the reason for the Material; (7) Working Group Issues; (8) request, and the issues contested. RTCA, Inc., Special Committee 184, Other Business; (9) Date and Place of Persons may request notification of a Minimum Performance and Installation Next Meeting. hearing by writing to the SEC’s Standards for Runway Guard Lights; Attendance is open to the interested public but limited to space availability. Secretary. Meetings With the approval of the chairman, ADDRESSES: Secretary, SEC, 450 Fifth Pursuant to section 10(a)(2) of the members of the public may present oral Street, NW., Washington, DC 20549. Federal Advisory Committee Act (Pub. statements at the meeting. Persons Applicant, 144 Glenn Curtiss Boulevard, L. 92–463, 5 U.S.C., Appendix 2), notice wishing to present statements or obtain Uniondale, New York 11556–0144. is hereby given for a Special Committee information should contact the RTCA FOR FURTHER INFORMATION CONTACT: 184 meeting to be held November 13– Secretariat, 1140 Connecticut Avenue, Diane L. Titus, Paralegal Specialist, at 14, 1995, starting at 9:30 a.m. The N.W., Suite 1020, Washington, D.C. (202) 942–0584, or Alison Baur, Branch meeting will be held at RTCA, 1140 20036; (202) 833–9339 (phone) or (202) Chief, at (202) 942–0564 (Division of Connecticut Avenue, N.W., Suite 1020, 833–9434 (fax). Members of the public Investment Management, Office of Washington, DC, 20036. may present a written statement to the Investment Company Regulation). The agenda will be as follows: (1) committee at any time. SUPPLEMENTARY INFORMATION: The Administrative Announcements; (2) Issued in Washington, D.C., on October 23, following is a summary of the Chairman’s Introductory Remarks; (3) 1995. application. The complete application Review and Approval of Meeting Janice L. Peters, may be obtained for a fee from the SEC’s Agenda; (4) Review and Approval of Designated Official. Public Reference Branch. Minutes of the Previous Meeting; (5) [FR Doc. 95–26765 Filed 10–27–95; 8:45 am] Review Sections of Draft Document on Applicant’s Representations BILLING CODE 4810±13±M Elevated Runway Guard Lights; (6) 1. Applicant is an open-end Review of Draft Document Input for In- diversified management investment Pavement Runway Guard Lights; (7) RTCA, Inc., Special Committee 172, company organized as a Massachusetts Work Group Drafting Session; (8) Other Future Air-Ground Communications in business trust. On January 4, 1985, Business; (9) Date and Place of Next the VHF Aeronautical Data Band (118± applicant filed a notice of registration Meeting. 137 MHz); Meeting pursuant to section 8(a) of the Act on Attendance is open to the interested Form N–8A and a registration statement public but limited to space availability. Pursuant to section 10(a)(2) of the under the Act and the Securities Act of With the approval of the chairman, Federal Advisory Committee Act (Pub. 1933. Applicant’s registration statement members of the public may present oral L. 92–463, 5 U.S.C., Appendix 2), notice has not been declared effective and statements at the meeting. Persons is hereby given for Special Committee applicant has not made a public offering wishing to present statements or obtain 172 meeting to be held November 15– of its shares. information should contact the RTCA 17, 1995, starting at 9:30 a.m. on 55296 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
November 15. The meeting will be held impose and use the revenue from a PFC Mr. Joseph R. Rodriguez, Supervisor, at RTCA, 1140 Connecticut Avenue, submitted by Broome County Planning and Programming Section, N.W., Suite 1020, Washington, DC, Department of Aviation was Airports District Office, 831 Mitten 20036. substantially complete within the Road, Room 210, Burlingame, CA. The agenda will be as follows: (1) requirements of Section 158.25 of Part 94010–1303, Telephone: (415) 876– Introductory Remarks; (2) Review and 158. The FAA will approve or 2805. The application may be reviewed Approval of the Agenda; (3) Wednesday, disapprove the application, in whole or in person at this same location. November 15: Work Group 2, VHF Data in part, no later than December 24, SUPPLEMENTARY INFORMATION: Radio Signal-in-Space MASPS, and The FAA 1995.’’ proposes to rule and invites public continue refinement of upper layers; (4) FOR FURTHER INFORMATION CONTACT: Thursday, November 16: Work Group 3, comment on the application to impose Philip Brito, Manager New York and use the revenue from Metropolitan Review an advance ‘‘straw-draft’’ of the Airports District Office, 600 Old VHF digital radio MOPS document Oakland International Airport under the Country Road, Suite 446 Garden City, provisions of the Aviation Safety and program; (5) Friday, November 17: New York, 15530, (516) 227–3803. Plenary Session Convenes at 9:00 a.m.; Capacity Expansion Act of 1990 (Title (6) Review Summary of the Previous Issued in Jamaica, New York State on IX of the Omnibus Budget October 20, 1995. Plenary Session; (7) Reports from Reconciliation Act of 1990) (Public Law Working Groups 2 and 3; (8) Reports on William DeGraaff, 101–508) and Part 158 of the Federal ICAO AMCP, CSMA Validation, and Manager, Planning and Programming Branch, Aviation Regulations (14 CFR Part 158). FAA Vocoder Activity; (9) Other Airports Division, Eastern Region. On September 28, 1995, the FAA Business; (10) Address Future Work; [FR Doc. 95–26772 Filed 10–27–95; 8:45 am] determined that the application to (11) Date and Place of Next Meetings. BILLING CODE 4910±13±M impose and use the revenue from a PFC Attendance is open to the interested submitted by the Port of Oakland was public but limited to space availability. substantially complete within the With the approval of the chairman, Notice of Intent To Rule on Application requirements of section 158.25 of Part members of the public may present oral To Impose and Use the Revenue From 158. The FAA will approve or statements at the meeting. Persons a Passenger Facility Charge (PFC) at disapprove the application, in whole or wishing to present statements or obtain Metropolitan Oakland International in part, no later than December 29, information should contact the RTCA Airport, Oakland, CA 1995. Secretariat, 1140 Connecticut Avenue, AGENCY: Federal Aviation The following is a brief overview of N.W., Suite 1020, Washington, D.C. Administration (FAA), DOT. the impose and use application number AWP–95–05–C–00–OAK. 20036; (202) 833–9339 (phone) or (202) ACTION: Notice of Intent to Rule on 833–9434 (fax). Members of the public Application. Level of proposed PFC: $3.00 may present a written statement to the Charge effective date: March 1, 1996 committee at any time. SUMMARY: The FAA proposes to rule and Estimated charge expiration date: July Issued in Washington, D.C., on October 23, invites public comment on the 1995. application to impose and use the 31, 1996 Janice L. Peters, revenue from a PFC at Metropolitan Brief description of the impose and use Designated Official. Oakland International Airport under the project: Construct Passenger Corridor FR Doc. 95–26766 Filed 10–27–95; 8:45 am] provisions of the Aviation Safety and Between Terminal One and Two Capacity Expansion Act of 1990 (Title BILLING CODE 4810±13±M Total estimated net PFC revenue to be IX of the Omnibus Budget used on this use project: Reconciliation Act of 1990) (Public Law $5,400,000.00 Notice of Intent To Rule on an 101–508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). Class or classes of air carriers which Application To Impose and Use the the public agency has requested not be DATES: Comments must be received on Revenue From a Passenger Facility required to collect PFCs: Air Taxi/ or before November 29, 1995. Charge (PFC) at Binghamton Regional Commercial Operators (ATCO) filing Airport, Binghamton, NY ADDRESSES: Comments on this FAA Form 1800–31. application may be mailed or delivered AGENCY: Federal Aviation in triplicate to the FAA at the following Any person may inspect the Administration (FAA), DOT. address: Federal Aviation application in person at the FAA office ACTION: Correction to the notice of Intent Administration, Airports Division, listed above under FOR FURTHER to Rule on Application to impose and 15000 Aviation Blvd., Lawndale, CA. INFORMATION CONTACT and at the FAA use the revenue from a Passenger 90261, or San Francisco Airports Regional Airports Division located at: Facility Charge (PFC) at Binghamton District Office, 831 Mitten Road, Room Federal Aviation Administration, Regional Airport, Binghamton, New 210, Burlingame, CA. 94010–1303. In Airports Division, 15000 Aviation Blvd. York. addition, one copy of any comments Lawndale, CA. 90261. In addition, any submitted to the FAA must be mailed or person may, upon request, inspect the SUMMARY: This correction amends the application, notice and other documents information included in the previously delivered to Mr. Charles Foster, Executive Director of the Port of germane to the application in person at published notice. the Port of Oakland. In notice document 95–25299 Oakland, at the following address: Post beginning on page 53240 in the issue of Office Box 2064, Oakland, California Issued in Hawthorne, California, on Thursday October 12, 1995, on the 94604–2064. Air carriers and foreign air September 28, 1995. second column under SUPPLEMENTAL carriers may submit copies of written Herman C. Bliss, INFORMATION, the second paragraph comments previously provided to the Manager, Airports Division, Western Pacific should read as follows: Port of Oakland under section 158.23 of Region. ‘‘On July 31, 1995, the FAA part 158. [FR Doc. 95–26769 Filed 10–27–95; 8:45 am] determined that the application to FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±13±M Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55297
National Highway Traffic Safety At the close of the comment period, Dodge Ram pickup trucks are eligible Administration NHTSA decides, on the basis of the for importation. petition and any comments that it has [Docket No. 95±68; Notice 2] received, whether the vehicle is eligible SUMMARY: This notice announces the decision by NHTSA that 1994 and 1995 Decision That Nonconforming 1972 for importation. The agency then publishes this decision in the Federal Dodge Ram pickup trucks manufactured MG±B Roadster Passenger Cars Are in Mexico that were not originally Eligible for Importation Register. Champagne Imports, Inc. of manufactured to comply with all AGENCY: National Highway Traffic Landsdale, Pennsylvania (Registered applicable Federal motor vehicle safety Safety Administration (NHTSA), DOT. Importer R–90–009) petitioned NHTSA standards are eligible for importation ACTION: Notice of decision by NHTSA to decide whether 1972 MG–B Roadster into the United States because they are that nonconforming 1972 MG–B passenger cars are eligible for substantially similar to vehicles Roadster passenger cars are eligible for importation into the United States. originally manufactured for sale in the importation. NHTSA published notice of the petition United States and certified by their on August 25, 1995 (60 FR 44376) to manufacturer as complying with the SUMMARY: This notice announces the afford an opportunity for public safety standards (the U.S.—certified decision by NHTSA that 1972 MG–B comment. The reader is referred to that versions of the 1994 and 1995 Dodge Roadster passenger cars not originally notice for a thorough description of the Ram), and they are capable of being manufactured to comply with all petition. No comments were received in readily altered to conform to the applicable Federal motor vehicle safety response to the notice. Based on its standards. standards are eligible for importation review of the information submitted by DATES: This decision is effective October into the United States because they are the petitioner, NHTSA has decided to 30, 1995. substantially similar to a vehicle grant the petition. FOR FURTHER INFORMATION CONTACT: originally manufactured for importation George Entwistle, Office of Vehicle into and sale in the United States and Vehicle Eligibility Number for Subject Vehicles Safety Compliance, NHTSA (202–366– certified by its manufacturer as 5306). complying with the safety standards The importer of a vehicle admissible (the U.S.-certified version of the 1972 under any final decision must indicate SUPPLEMENTARY INFORMATION: MG–B Roadster), and they are capable of on the form HS–7 accompanying entry Background being readily altered to conform to the the appropriate vehicle eligibility Under 49 U.S.C. 30141(a)(1)(A) standards. number indicating that the vehicle is (formerly section 108(c)(3)(A)(i) of the eligible for entry. VSP–136 is the DATES: This decision is effective as of National Traffic and Motor Vehicle vehicle eligibility number assigned to October 30, 1995. Safety Act (the Act)), a motor vehicle vehicles admissible under this decision. FOR FURTHER INFORMATION CONTACT: that was not originally manufactured to George Entwistle, Office of Vehicle Final Decision conform to all applicable Federal motor Safety Compliance, NHTSA (202–366– vehicle safety standards shall be refused 5306). Accordingly, on the basis of the foregoing, NHTSA hereby decides that a admission into the United States unless SUPPLEMENTARY INFORMATION: 1972 MB–G Roadster not originally NHTSA has decided that the motor vehicle is substantially similar to a Background manufactured to comply with all applicable Federal motor vehicle safety motor vehicle originally manufactured Under 49 U.S.C. 30141(a)(1)(A) standards is substantially similar to a for importation into and sale in the (formerly section 108(c)(3)(A)(i) of the 1972 MG–B Roadster originally United States, certified under 49 U.S.C. National Traffic and Motor Vehicle manufactured for importation into and § 30115 (formerly section 114 of the Safety Act (the Act)), a motor vehicle sale in the United States and certified Act), and of the same model year as the that was not originally manufactured to under 49 U.S.C. 30115, and is capable model of the motor vehicle to be conform to all applicable Federal motor of being readily altered to conform to all compared, and is capable of being vehicle safety standards shall be refused applicable Federal motor vehicle safety readily altered to conform to all admission into the United States unless standards. applicable Federal motor vehicle safety NHTSA has decided that the motor standards. vehicle is substantially similar to a Authority: 49 U.S.C. 30141(a)(1)(A) and Petitions for eligibility decisions may motor vehicle originally manufactured (b)(1); 49 CFR 593.8; delegations of authority be submitted by either manufacturers or at 49 CFR 1.50 and 501.8. for importation into and sale in the importers who have registered with United States, certified under 49 U.S.C. Issued on: October 24, 1995. NHTSA pursuant to 49 CFR Part 591. As 30115 (formerly section 114 of the Act), Marilynne Jacobs, specified in 49 CFR 593.7, NHTSA and the same model year as the model Director, Office of Vehicle Safety Compliance. publishes notice in the Federal Register of the motor vehicle to be compared, [FR Doc. 95–26811 Filed 10–27–95; 8:45 am] of each petition that it receives, and and is capable of being readily altered BILLING CODE 4910±59±M affords interested persons an to conform to all applicable Federal opportunity to comment on the petition. motor vehicle safety standards. At the close of the comment period, [Docket No. 95±67; Notice 2] Petitions for eligibility decisions may NHTSA decides, on the basis of the be submitted by either manufacturers or Decision That Nonconforming 1994 petition and any comments that it has importers who have registered with and 1995 Dodge Ram Pickup Trucks received, whether the vehicle is eligible NHTSA pursuant to 49 CFR Part 592. As Are Eligible for Importation for importation. The agency then specified in 49 CFR 593.7, NHTSA publishes this decision in the Federal publishes notice in the Federal Register AGENCY: National Highway Traffic Register. of each petition that it receives, and Safety Administration (NHTSA), DOT. Wallace Environmental Testing affords interested persons an ACTION: Notice of decision by NHTSA Laboratories, Inc. of Houston, Texas opportunity to comment on the petition. that nonconforming 1994 and 1995 (Registered Importer R–90–005) 55298 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices petitioned NHTSA to decide whether for a decision that 1992 and 1993 (Registered Importer 90–007) has 1994 and 1995 Dodge Ram pickup Mercedes-Benz 320SL passenger cars petitioned NHTSA to decide whether trucks manufactured in Mexico are that were not originally manufactured to 1992 and 1993 Mercedes-Benz 320SL eligible for importation into the United comply with all applicable Federal (Model ID 129.063) passenger cars are States. NHTSA published notice of the motor vehicle safety standards are eligible for importation into the United petition on August 25, 1995 (60 FR eligible for importation into the United States. The vehicles which G&K believes 44377) to afford an opportunity for States because (1) they are substantially are substantially similar are the 1992 public comment. The reader is referred similar to vehicles that were originally and 1993 Mercedes-Benz 300SL to that notice for a thorough description manufactured for importation into and passenger cars that were manufactured of the petition. No comments were sale in the United States and that were for importation into, and sale in, the received in response to the notice. certified by their manufacturer as United States and certified by their Based on its review of the information complying with the safety standards, manufacturer, Daimler Benz A.G., as submitted by the petitioner, NHTSA has and (2) they are capable of being readily conforming to all applicable Federal decided to grant the petition. altered to conform to the standards. motor vehicle safety standards. DATES: The closing date for comments The petitioner claims that it carefully Vehicle Eligibility Number for Subject on the petition is November 29, 1995. compared the non-U.S. certified 1992 Vehicles ADDRESSES: Comments should refer to and 1993 Mercedes-Benz 320SL The importer of a vehicle admissible the docket number and notice number, passenger cars to their U.S. certified under any final decision must indicate and be submitted to: Docket Section, counterparts, and found the vehicles to on the form HS–7 accompanying entry Room 5109, National Highway Traffic be substantially similar with respect to the appropriate vehicle eligibility Safety Administration, 400 Seventh St., compliance with most Federal motor number indicating that the vehicle is SW, Washington, DC 20590. [Docket vehicle safety standards. G&K submitted information with its eligible for entry. VSP–135 is the hours are from 9:30 am to 4 pm] petition intended to demonstrate that eligibility number assigned to vehicles FOR FURTHER INFORMATION CONTACT: admissible under this decision. the non-U.S. certified 1992 and 1993 George Entwistle, Office of Vehicle Mercedes-Benz 320SL passenger cars, as Final Decision Safety Compliance, NHTSA (202–366– originally manufactured, conform to 5306). Accordingly, on the basis of the many Federal motor vehicle safety foregoing, NHTSA hereby decides that SUPPLEMENTARY INFORMATION: standards in the same manner as their U.S. certified counterparts, or are 1994 and 1995 Dodge Ram pickup Background trucks manufactured in Mexico that capable of being readily altered to were not originally manufactured to Under 49 U.S.C. 30141(a)(1)(A) conform to those standards. comply with all applicable Federal (formerly section 108(c)(3)(A)(i)(I) of the Specifically, the petitioner claims that motor vehicle safety standards are National Traffic and Motor Vehicle the non-U.S. certified 1992 and 1993 substantially similar to 1994 and 1995 Safety Act (the Act)), a motor vehicle Mercedes-Benz 320SL passenger cars Dodge Ram pickup trucks originally that was not originally manufactured to are identical to their U.S. certified manufactured for sale in the United conform to all applicable Federal motor counterparts with respect to compliance States and certified under 49 U.S.C. vehicle safety standards shall be refused with Standards Nos. 102 Transmission § 30115, and are capable of being readily admission into the United States unless Shift Lever Sequence * * * ., 103 altered to conform to all applicable NHTSA has decided that the motor Defrosting and Defogging Systems, 104 Federal motor vehicle safety standards. vehicle is substantially similar to a Windshield Wiping and Washing motor vehicle originally manufactured Systems, 105 Hydraulic Brake Systems, Authority: 49 U.S.C. 30141(a)(1)(A) and for importation into and sale in the 106 Brake Hoses, 107 Reflecting (b)(1); 49 CFR 593.8; delegations of authority United States, certified under 49 U.S.C. Surfaces, 109 New Pneumatic Tires, 113 at 49 CFR 1.50 and 501.8. 30115 (formerly section 114 of the Act), Hood Latch Systems, 116 Brake Fluid, Issued on: October 24, 1995. and of the same model year as the 124 Accelerator Control Systems, 201 Marilynne Jacobs, model of the motor vehicle to be Occupant Protection in Interior Impact, Director, Office of Vehicle Safety Compliance. compared, and is capable of being 202 Head Restraints, 203 Impact [FR Doc. 95–26812 Filed 10–27–95; 8:45 am] readily altered to conform to all Protection for the Driver From the BILLING CODE 4910±59±M applicable Federal motor vehicle safety Steering Control System, 204 Steering standards. Control Rearward Displacement, 205 Petitions for eligibility decisions may Glazing Materials, 206 Door Locks and [Docket No. 95±81; Notice 1] be submitted by either manufacturers or Door Retention Components, 207 Notice of Receipt of Petition for importers who have registered with Seating Systems, 209 Seat Belt Decision That Nonconforming 1992 NHTSA pursuant to 49 CFR part 592. As Assemblies, 210 Seat Belt Assembly and 1993 Mercedes-Benz 320SL specified in 49 CFR 593.7, NHTSA Anchorages, 211 Wheel Nuts, Wheel Passenger Cars Are Eligible for publishes notice in the Federal Register Discs and Hubcaps, 212 Windshield Importation of each petition that it receives, and Retention, 216 Roof Crush Resistance, affords interested persons an 219 Windshield Zone Intrusion, and 302 AGENCY: National Highway Traffic opportunity to comment on the petition. Flammability of Interior Materials. Safety Administration, DOT. At the close of the comment period, Petitioner also contends that the ACTION: Notice of receipt of petition for NHTSA decides, on the basis of the vehicle is capable of being readily decision that nonconforming 1992 and petition and any comments that it has altered to meet the following standards, 1993 Mercedes-Benz 320SL passenger received, whether the vehicle is eligible in the manner indicated: cars are eligible for importation. for importation. The agency then Standard No. 101 Controls and publishes this decision in the Federal Displays: (a) substitution of a lens SUMMARY: This notice announces receipt Register. marked ‘‘Brake’’ for a lens with an ECE by the National Highway Traffic Safety G&K Automotive Conversion, Inc. of symbol on the brake failure indicator Administration (NHTSA) of a petition Santa Ana, California (‘‘G&K’’) lamp; (b) placement of a seat belt Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55299 symbol on the seat belt warning lamp; but not required that 10 copies be an automated survey to a random (c) recalibration of the speedometer/ submitted. systematic sample of taxpayers who odometer from kilometers to miles per All comments received before the successfully file their tax return hour. close of business on the closing date January 1 through April 15, 1996 Standard No. 108 Lamps, Reflective indicated above will be considered, and using TeleFile. The 1996 automated Devices and Associated Equipment: (a) will be available for examination in the survey will obtain an overall measure installation of U.S.—model headlamp docket at the above address both before of satisfaction and collect data to assemblies and front sidemarkers; (b) and after that date. To the extent determine if one of the primary target installation of U.S.—model taillamp possible, comments filed after the populations for TeleFile, namely assemblies and rear sidemarkers; (c) closing date will also be considered. students, are using the service. installation of a high mounted stop Notice of final action on the petition Respondents: Individuals or households lamp. will be published in the Federal Estimated Number of Respondents: Standard No. 110 Tire Selection and Register pursuant to the authority Spanish Speaking—4,000 Rims: installation of a tire information indicated below. placard. Non-Spanish Speaking—4,714 Standard No. 111 Rearview Mirror: Authority: 49 U.S.C. 30141(a)(1)(A) and Estimated Burden Hours Per (b)(1); 49 CFR 593.8; delegations of authority replacement of the passenger side at 49 CFR 1.50 and 501.8. Respondent: rearview mirror with a U.S.-model Issued on: October 24, 1995. Spanish Speaking—2 minutes component. Non-Spanish Speaking—2 minutes Standard No. 114 Theft Protection: Marilynne Jacobs, Frequency of Response: Other installation of a warning buzzer Director, Office of Vehicle Safety Compliance. microswitch and a warning buzzer in [FR Doc. 95–26813 Filed 10–27–95; 8:45 am] Estimated Total Reporting Burden: 247 the steering lock assembly. BILLING CODE 4910±59±M hours Standard No. 115 Vehicle Clearance Officer: Garrick Shear (202) Identification Number: installation of a 622–3869, Internal Revenue Service, VIN plate that can be read from outside DEPARTMENT OF THE TREASURY Room 5571, 1111 Constitution the left windshield pillar, and a VIN Avenue, N.W., Washington, DC 20224 reference label on the edge of the door Public Information Collection OMB Reviewer: Milo Sunderhauf (202) or latch post nearest the driver. Requirements Submitted to OMB for 395–7340, Office of Management and Standard No. 118 Power Window Review Budget, Room 10226, New Executive Systems: rewiring of the power window Office Building, Washington, DC system so that the window transport is October 16, 1995. 20503 The Department of Treasury has inoperative when the ignition is Lois K. Holland, submitted the following public switched off. Departmental Reports Management Officer. Standard No. 208 Occupant Crash information collection requirement(s) to [FR Doc. 95–26855 Filed 10–27–95; 8:45 am] Protection: installation of a seat belt OMB for review and clearance under the warning buzzer. The petitioner states Paperwork Reduction Act of 1980, BILLING CODE 4830±01±P that the vehicles are equipped with Public Law 96–511. Copies of the Type 2 seat belts in both designated submission(s) may be obtained by seating positions. The petitioner further calling the Treasury Bureau Clearance Officer listed. Comments regarding this OFFICE OF THE UNITED STATES states that vehicles manufactured before TRADE REPRESENTATIVE September 1993 are equipped with information collection should be driver’s side air bags and knee bolsters addressed to the OMB reviewer listed Generalized System of Preferences; and that vehicles manufactured after and to the Treasury Department Expedited Review of Products That Are September 1993 are equipped with both Clearance Officer, Department of the Eligible for a ``De Minimis'' Waiver driver’s and passenger’s side air bags Treasury, Room 2110, 1425 New York Based on 1994 Import Statistics and knee bolsters. Avenue, NW., Washington, DC 20220. Standard No. 214 Side Impact Special Request: In order to conduct AGENCY: Office of the United States Protection: installation of reinforcing the survey described below in a timely Trade Representative. beams. manner, the Department of Treasury is ACTION: Notice and opportunity for Standard No. 301 Fuel System requesting Office of Management and public comment. Integrity: installation of a rollover valve Budget (OMB) review and approval of this information collection by October in the fuel tank vent line between the SUMMARY: This notice invites public fuel tank and the evaporative emissions 27, 1995. To obtain a copy of this comments on whether any ‘‘de collection canister. survey, please write to the IRS minimis’’ waivers should be granted to Additionally, the petitioner states that Clearance Officer at the address listed eligible articles from beneficiary the bumpers on the non-U.S. certified below. countries that exceed the 50-percent 1992 and 1993 Mercedes-Benz 320SL Internal Revenue Service (IRS) competitive need limit in 1994, but must be reinforced to comply with the which are eligible for ‘‘de minimis’’ Bumper Standard found in 49 CFR Part OMB Number: 1545–1349 waivers because total U.S. imports of 581. Project Number: SOI–13 the products in 1994 did not exceed the Interested persons are invited to Type of Review: Revision ‘‘de minimis’’ limit. submit comments on the petition Title: 1996 Automated TeleFile described above. Comments should refer Customer Satisfaction Survey FOR FURTHER INFORMATION CONTACT: to the docket number and be submitted Description: Building on 1994 written GSP Subcommittee, Office of the United to: Docket Section, National Highway and 1995 automated survey data from States Trade Representative, 600 17th Traffic Safety Administration, Room TeleFile users we plan to administer Street, N.W., Room 518, Washington, 5109, 400 Seventh Street, SW., an automated survey data from D.C. 20508. The telephone number is Washington, DC 20590. It is requested TeleFile users, we plan to administer (202) 395–6971. 55300 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
SUPPLEMENTARY INFORMATION: that the President may disregard the 50- Furthermore, each party providing I. The GSP Program percent limit with respect to any eligible comments should indicate on the first article if the value of the total U.S. page of the submission its name, the The GSP program grants duty-free imports of the article during the most relevant subheading of the Harmonized treatment to designated eligible articles recent calendar year did not exceed $5 Tariff Schedule of the United States and that are imported from designated million, indexed to the nominal growth the relevant beneficiary country. beneficiary developing countries. The of U.S. GNP since 1979. The ‘‘de GSP program is authorized by Title V of A party must provide fourteen copies minimis’’ limit for 1994 is $13,346,358. of its statement which must be received the Trade Act of 1974, as amended The countries/products in the annex by the Chairman of the GSP (‘‘Trade Act’’) (19 U.S.C. 2461 et seq.), to this notice exceeded the 50-percent and was implemented by Executive limit in 1994, but total U.S. imports Subcommittee no later than 5 p.m., Order 11888 of November 24, 1975, and were less than the ‘‘de minimis’’ limit. Wednesday, November 22. Comments modified by subsequent Executive In accordance with section 504(c) of the received after the deadline will not be Orders and Presidential Proclamations. Trade Act, all such countries/products accepted. If the comments contain The GSP regulations provide for an lost GSP on July 1, 1995 because the business confidential information, annual GSP review, unless otherwise Administration did not conduct an fourteen copies of a non-confidential specified by Federal Register notice (15 annual GSP review for 1994 and the version must also be submitted. A CFR 2007.3). President did not grant any ‘‘de justification as to why the information The GSP program expired on July 31, minimis’’ waivers (see 60 FR 28184). contained in the submission should be 1995 (see section 505(a) of the Trade Act The Administration has now decided treated confidentially must be included (19 U.S.C. 2465(a)). A bill to renew the to solicit public comments and to in the submission. In addition, the program is pending in Congress. This consider ‘‘de minimis’’ waivers on the submissions containing confidential notice solicits public comments on merits. This notice invites public information should be clearly marked whether to grant any so-called ‘‘de comments on whether ‘‘de minimis’’ ‘‘confidential’’ at the top and bottom of minimis’’ waivers, but the waivers should be granted to the eligible each page of the submission. The Administration cannot take any action articles from the beneficiary countries version that does not contain unless and until the GSP program is that are set forth in the annex to this confidential information should also be reauthorized. notice. The Administration will not take clearly marked, at the top and bottom of any action unless and until the GSP each page, ‘‘public version’’ or ‘‘non- II. Competitive Need Limits program is reauthorized by the confidential’’. Section 504(c) of the Trade Act (19 Congress. Written comments submitted in U.S.C. 2464(c)) provides, in part, that connection with these decisions, except any country, which has exported to the IV. Public Comments for information granted ‘‘business United States a quantity of an eligible All written comments on whether ‘‘de confidential’’ status pursuant to 15 CFR article equal to or exceeding 50 percent minimis’’ waivers should be granted to 2007.7, will be available for public of the appraised value of the total U.S. the countries/products that are set forth inspection shortly after the filing imports of the article during the most in the annex to this notice should be deadline by appointment only with the recent calendar year, shall lose GSP addressed to: GSP Subcommittee, Office staff of the USTR Public Reading Room. privileges for that article not later than of the U.S. Trade Representative, 600 Other requests and questions should be July 1 of the next calendar year. 17th Street, N.W., Room 518, Washington, D.C. 20508. All directed to the GSP Information Center III. ‘‘De Minimis’’ Waivers submissions must be in English and at USTR by calling (202) 395–6971. Section 504(d)(2) of the Trade Act (19 should conform to the information Frederick L. Montgomery, U.S.C. 2464(d)(2)) provides, however, requirements of 15 CFR 2007. Chairman, Trade Policy Staff Committee.
ANNEX.ÐGSP COUNTRIES EXCEEDING THE 50-PERCENT COMPETITIVE NEED LIMIT IN 1994 AND TOTAL U.S. IMPORTS WERE LESS THAN $13,346.358
HTSUS Partner Description
0304.20.50 ...... Argentina ...... Hake fillets. 0703.10.20 ...... Chile ...... Onion sets. 0708.10.20 ...... Guatemala ...... Peas. 0708.10.40 ...... Guatemala ...... Peas. 0709.10.00 ...... Chile ...... Artichokes. 0709.20.10 ...... Peru ...... Asparagus. 0710.22.15 ...... Guatemala ...... Lima beans. 0710.29.05 ...... Turkey ...... Chickpeas. 0710.29.30 ...... Dominican Republic ...... Pigeon peas. 0710.80.50 ...... Dominican Republic ...... Tomatoes. 0710.80.65 ...... Guatemala ...... Brussels sprouts. 0710.80.93 ...... Guatemala ...... Okra. 0711.30.00 ...... Turkey ...... Capers. 0711.40.00 ...... Sri Lanka (Ceylon) ...... Cucumbers. 0714.10.00 ...... Costa Rica ...... Cassava. 0714.20.00 ...... Dominican Republic ...... Sweet potatoes. 0714.90.10 ...... Costa Rica ...... Fresh dasheens. 0802.50.20 ...... Turkey ...... Pistachios. 0802.50.40 ...... Turkey ...... Pistachios. 0804.50.80 ...... Thailand ...... Guavas, mangoes. 0811.20.20 ...... Chile ...... Raspberries. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices 55301
ANNEX.ÐGSP COUNTRIES EXCEEDING THE 50-PERCENT COMPETITIVE NEED LIMIT IN 1994 AND TOTAL U.S. IMPORTS WERE LESS THAN $13,346.358ÐContinued
HTSUS Partner Description
0811.20.40 ...... Chile ...... Blackberries. 0811.90.50 ...... Costa Rica ...... Pineapples. 0811.90.55 ...... Guatemala ...... Melons. 0813.30.00 ...... Argentina ...... Apples. 0813.40.10 ...... Thailand ...... Papayas. 0813.40.80 ...... Thailand ...... Tamarinds. 1106.30.20 ...... Ecuador ...... Banana flour. 1301.90.40 ...... Brazil ...... Turpentine gum. 1519.11.00 ...... Malaysia ...... Stearic acid. 1519.12.00 ...... Malaysia ...... Oleic acid. 1601.00.40 ...... Brazil ...... Sausages. 1604.14.50 ...... Thailand ...... Tunas, skipjack. 1604.16.30 ...... Morocco ...... Anchovies. 1604.30.20 ...... Russia ...... Caviar. 1605.10.05 ...... Thailand ...... Crab products. 1701.99.05 ...... Colombia ...... Cane/beet sugar. 1701.99.10 ...... Colombia ...... Cane/beet sugar. 1702.90.35 ...... Belize ...... Invert molasses. 1703.90.30 ...... Lebanon ...... Molasses. 1902.11.40 ...... Thailand ...... Uncooked pasta. 2005.80.00 ...... Thailand ...... Sweet corn. 2007.99.40 ...... Thailand ...... Pineapple jam. 2009.99.48 ...... Argentina ...... Apple pastes. 2008.19.30 ...... Turkey ...... Pignolia. 2008.50.20 ...... Argentina ...... Apricot pulp. 2008.99.28 ...... Turkey ...... Figs. 2008.99.35 ...... Thailand ...... Lychees. 2106.90.52 ...... Philippines ...... Juice. 2202.90.36 ...... Colombia ...... Juice. 2202.90.37 ...... Dominican Republic ...... Mixed juices. 2207.10.30 ...... Ecuador ...... Ethyl alcohol. 2208.90.10 ...... Trinidad and Tobago ...... Bitters. 2208.90.70 ...... Russia ...... Vodka. 2309.90.70 ...... Hungary ...... Vitamin B12 feed. 2401.10.21 ...... Dominican Republic ...... Wrapper tobacco. 2401.10.29 ...... Honduras ...... Tobacco. 2401.20.45 ...... Indonesia ...... Tobacco. 2401.20.55 ...... Indonesia ...... Tobacco. 2516.90.00 ...... South Africa ...... Building stone. 2804.29.00 ...... Ukraine ...... Rare gases. 2805.40.00 ...... Russia ...... Mercury. 2825.30.00 ...... South Africa ...... Vanadium oxides. 2825.70.00 ...... Chile ...... Molybdenum oxides. 2840.11.00 ...... Turkey ...... Refined borax. 2843.21.00 ...... Chile ...... Silver nitrate. 2903.14.00 ...... Brazil ...... Carbon tetrchlrde. 2903.23.00 ...... Brazil ...... Tetrachloro. 2907.15.10 ...... Russia ...... alpha-Naphthol. 2907.23.00 ...... Brazil ...... Bisphenol. 2908.90.24 ...... India ...... 4,6-Dinitro. 2910.20.00 ...... Brazil ...... Methyloxirane. 2915.34.00 ...... Venezuela ...... Isobutyl aceta. 2915.35.00 ...... Venezuela ...... 2-Ethoxyethyl. 2917.14.10 ...... Brazil ...... Maleic anhydrid. 2917.32.00 ...... Brazil ...... Dioctyl ortho. 2917.37.00 ...... Romania ...... Dimethyl tereph. 2921.42.21 ...... India ...... Metanilic acid. 2922.29.25 ...... India ...... Fast color bases. 2933.40.08 ...... Hungary ...... 4,7-Dichlor. 2938.10.00 ...... Brazil ...... Rutoside. 3301.24.00 ...... India ...... Essential oils. 3806.30.00 ...... Argentina ...... Ester gums. 3920.93.00 ...... India ...... Plates, sheets. 4006.10.00 ...... Brazil ...... Rubber. 4104.31.20 ...... Thailand ...... Buffalo leather. 4106.19.30 ...... Pakistan ...... Goat leather. 4106.20.30 ...... India ...... Goat leather. 4106.20.60 ...... Pakistan ...... Goat leather. 4109.00.70 ...... Brazil ...... Patent leather. 4202.22.35 ...... Philippines ...... Handbags. 4205.00.60 ...... Argentina ...... Reptile leather. 55302 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Notices
ANNEX.ÐGSP COUNTRIES EXCEEDING THE 50-PERCENT COMPETITIVE NEED LIMIT IN 1994 AND TOTAL U.S. IMPORTS WERE LESS THAN $13,346.358ÐContinued
HTSUS Partner Description
4411.19.20 ...... Brazil ...... Fiberboard. 4412.12.15 ...... Brazil ...... Plywood. 4412.19.10 ...... Brazil ...... Plywood. 4412.19.30 ...... Russia ...... Plywood. 4412.19.40 ...... Indonesia ...... Plywood. 4412.29.40 ...... Brazil ...... Plywood. 4412.99.10 ...... Brazil ...... Plywood. 4412.99.40 ...... Indonesia ...... Plywood. 4417.00.60 ...... Brazil ...... Wooden brush. 4421.90.10 ...... Honduras ...... Wood dowel pins. 4802.60.10 ...... Brazil ...... Writing paper. 4823.90.20 ...... Philippines ...... Papier-mache. 5208.31.20 ...... India ...... Cotton fabrics. 5208.32.10 ...... India ...... Cotton fabrics. 5208.41.20 ...... India ...... Cotton fabrics. 5208.42.10 ...... India ...... Cotton fabrics. 5208.51.20 ...... India ...... Cotton fabrics. 5208.52.10 ...... India ...... Cotton fabrics. 5209.31.30 ...... India ...... Cotton fabrics. 5209.41.30 ...... India ...... Cotton fabrics. 5209.51.30 ...... India ...... Cotton fabrics. 5307.20.00 ...... India ...... Yarn of jute. 5607.30.20 ...... Philippines ...... Twine, cordage. 5609.00.20 ...... Philippines ...... Article of Yarn. 5702.20.10 ...... India ...... Floor coverings. 5702.99.20 ...... India ...... Carpets. 5703.90.00 ...... India ...... Carpets. 6304.99.25 ...... India ...... Wall hangings. 6501.00.60 ...... Czech Republic ...... Hat forms. 7002.10.20 ...... Malaysia ...... Glass in balls. 7109.00.00 ...... Chile ...... Base metals. 7113.20.21 ...... Oman ...... Rope necklace. 7114.19.00 ...... Chile ...... Goldsmith wares. 7202.21.10 ...... Macedonia (Skopje) ...... Ferrosilicon. 7308.20.00 ...... Brazil ...... Steel towers. 7319.20.00 ...... Malaysia ...... Safety pins. 7403.12.00 ...... Peru ...... Wire bars. 7407.29.15 ...... Chile ...... Copper profiles. 7603.10.00 ...... Bahrain ...... Aluminum powders. 7614.10.50 ...... Brazil ...... Stranded wire. 7614.90.20 ...... Venezuela ...... Electrical cable. 7614.90.50 ...... Venezuela ...... Stranded wire. 8107.90.00 ...... Bulgaria ...... Cadmium. 8112.11.60 ...... Kazakhstan ...... Berryllium. 8112.91.50 ...... Chile ...... Rhenium. 8213.00.60 ...... Brazil ...... Pinking shears. 8402.20.00 ...... Colombia ...... Water boilers. 8414.90.30 ...... Slovenia ...... Stators, rotors. 8450.90.40 ...... Brazil ...... Furniture. 8483.50.40 ...... Malaysia ...... Awning pulleys. 8519.21.00 ...... Malaysia ...... Record players. 8519.31.00 ...... Malaysia ...... Turntables. 8528.10.04 ...... Hungary ...... TV receivers. 8528.10.34 ...... Malaysia ...... TV receivers. 8546.10.00 ...... Brazil ...... Electrical insulators. 8802.50.90 ...... Russia ...... Spacecraft. 9018.11.60 ...... Argentina ...... Circuit assembles. 9102.29.04 ...... Philippines ...... Wrist watchead. 9303.90.80 ...... Russia ...... Firearms. 9401.90.15 ...... Czech Republic ...... Parts of seats. 9506.61.00 ...... Philippines ...... Lawn-tennis balls. 9606.29.20 ...... Thailand ...... Button of resin. 9614.20.60 ...... Turkey ...... Smoking pipes. 9614.20.80 ...... Turkey ...... Smoking pipes.
[FR Doc. 95–26875 Filed 10–27–95; 8:45 am] BILLING CODE 3190±01±M 55303
Sunshine Act Meetings Federal Register Vol. 60, No. 209
Monday, October 30, 1995
This section of the FEDERAL REGISTER PLACE: Commissioners’ Conference (Contact: John Larkins, 301–415–7360) contains notices of meetings published under Room, 11555 Rockville Pike, Rockville, Week of November 20—Tentative the ``Government in the Sunshine Act'' (Pub. Maryland. L. 94-409) 5 U.S.C. 552b(e)(3). There are no meetings scheduled for the STATUS: Public. Week of November 20. MATTERS TO BE CONSIDERED: Note: The Nuclear Regulatory Commission U.S. CONSUMER PRODUCT SAFETY is operating under a delegation of authority COMMISSION Week of October 30 to Chairman Shirley Ann Jackson, because There are no meetings scheduled for the with three vacancies on the Commission, it TIME AND DATE: 10:00 a.m., Tuesday, Week of October 30. is temporarily without a quorum. As a legal October 31, 1995. matter, therefore, the Sunshine Act does not Week of November 6—Tentative apply; but in the interests of openness and LOCATION: Room 410, East West Towers, Monday, November 6 public accountability, the Commission will 4330 East West Highway, Bethesda, conduct business as though the Sunshine Act Maryland. 9:30 a.m. were applicable. Briefing on Risk Harmonization STATUS: Closed to the Public. Recommendations (Public Meeting) The schedule for Commission MATTER TO BE CONSIDERED: (Contact: Mike Weber, 301–415–7297) meetings is subject to change on short Thursday, November 9 notice. To verify the status of meetings Compliance Status Report call (Recording)—(301) 415–1292. 2:00 p.m. The staff will brief the Commission on the CONTACT PERSON FOR MORE INFORMATION: status of various compliance matters. Briefing on Browns Ferry 3 Restart (Public Meeting) Bill Hill (301) 415–1661. For a recorded message containing the (Contact: William Russell, 301–415–1270) This notice is distributed by mail to several latest agenda information, call (301) Week of November 13—Tentative hundred subscribers; if you no longer wish 504–0709. to receive it, or would like to be added to it, CONTACT PERSON FOR ADDITIONAL Wednesday, November 15 please contact the Office of Secretary, Attn: INFORMATION: Sadye E. Dunn, Office of 10:00 a.m. Operations Branch, Washington, D.C. 20555 Briefing on Accident Sequence Percursor (301–415–1963). the Secretary, 4330 East West Highway., In addition, distribution of this meeting Bethesda, MD 20207 (301) 504–0800. Program (Public Meeting) (Contact: Patrick O’Reilly, 301–415–7570) notice over the internet system is available. Dated: October 25, 1995. 2:00 p.m. If you are interested in receiving this Sadye E. Dunn, Briefing on Measures to Ensure Integrity of Commission meeting schedule electronically, please send an electronic message to Secretary. Research Data (Public Meeting) (Contact: Owen Gormley, 301–415–6793) [email protected] or [email protected]. [FR Doc. 95–26981 Filed 10–26–95; 3:02 pm] Dated: October 25, 1995. Thursday, November 16 BILLING CODE 6355±01±M William M. Hill, Jr., 10:00 a.m. Briefing by Commonwealth Edison (Public SECY Tracking Officer, Office of the Secretary. NUCLEAR REGULATORY COMMISSION Meeting) 2:00 p.m. [FR Doc. 95–26932 Filed 10–26–95; 11:05 DATE: Weeks of October 30, November 6, Meeting with Advisory Committee on am] 13, and 20, 1995. Nuclear Waste (ACNW) (Public Meeting) BILLING CODE 7590±01±M federal register October 30,1995 Monday Know; InterimRule Acquisition andCommunityRight-to- Federal AcquisitionRegulation; 48 CFRParts23and52 Space Administration National Aeronauticsand Administration General Services Department ofDefense Part II 55305 55306 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
DEPARTMENT OF DEFENSE general information, contact the FAR approval (OMS Control No. 9000–0139) Secretariat, Room 4037, GS Building, from the Office of Management and GENERAL SERVICES Washington, DC 20405, (202) 501–4755. Budget (OMB) for a new collection of ADMINISTRATION Please cite FAC 90–34, FAR case 95– information requirement under 305. Executive Order (O.E.) 12969 of August 8, 1995, Federal Acquisition and NATIONAL AERONAUTICS AND SUPPLEMENTARY INFORMATION: SPACE ADMINISTRATION Community Right-to-Know. A. Background DATES: Comments may be submitted on 48 CFR Parts 23 and 52 The addition of FAR Subpart 23.9 and or before December 29, 1995. [FAC 90±34; FAR Case 95±305] its associated solicitation provision and ADDRESSES: Send comments to Mr. Peter contract clause implement the Weiss, FAR Desk Officer, OMB, Room RIN 9000±AG68 requirements of Executive Order (E.O.) 10102, NEOB, Washington, DC 20503, 12969 of August 8, 1995 (60 FR 40989, and a copy to the FAR Secretariat at the Federal Acquisition Regulation; August 10, 1995), ‘‘Federal Acquisition address listed below for comments on Federal Acquisition and Community and Community Right-to-Know,’’ and the information collection requirement. Right-to-Know the Environmental Protection Agency’s Annual Reporting Burden AGENCY: Department of Defense (DOD), ‘‘Guidance Implementing Executive General Services Administration (GSA), Order 12969; Federal Acquisition; Public reporting burden for this and National Aeronautics and Space Community Right-to-Know; Toxic collection of information is estimated to Administration (NASA). Chemical Release Reporting’’ (60 FR average 0.50 hours per response, including the time for reviewing ACTION: 50738, September 29, 1995). This Interim rule with request for instructions, searching existing data comment. interim rule requires offerors in competitive acquisitions over $100,000 sources, gathering and maintaining the SUMMARY: The Civilian Agency (including options) to certify that they data needed, and completing and Acquisition Council and the Defense will comply with applicable toxic reviewing the collection of information. Acquisition Regulations Council have chemical release reporting requirements Send comments regarding this burden agreed to an interim rule amending the of the Emergency Planning and estimate or any other aspect of this Federal Acquisition Regulation (FAR) Community Right-to-Know Act of 1986 collection of information, including Parts 23 and 52 to implement Executive (42 U.S.C. 11001–11050) and the suggestions for reducing this burden, to Order 12969. The Executive Order Pollution Prevention Act of 1990 (42 General Services Administration, FAR establishes the policy that contracting U.S.C. 13101–13109). This rule does not Secretariat, 18th and F Streets, NW., agencies contract with companies that apply to acquisitions of commercial Room 4037, Washington, DC 20405, and report in a public manner on toxic items under FAR Part 12 or contractor to the FAR Desk Officer, Office of chemicals released to the environment. facilities located outside the United Information and Regulatory Affairs, The interim rule provides a solicitation States. This rule does not apply to Office of Management and Budget, provision which requires certification of subcontractors beyond the first tier. Washington, DC 20503. The annual reporting burden is compliance with the Emergency B. Regulatory Flexibility Act Planning and Community Right-to- estimated to be $3,517,248 as a result of Know Act of 1986 (42 U.S.C. 11001– The interim rule is not expected to the following estimated number of hours of labor for compliance: 11050) (EPCRA) and the Pollution have a significant economic impact on Respondents, 167,487; responses per Prevention Act of 1990 (42 U.S.C. a substantial number of small entities respondent, 1; total annual responses, 13101–13109) (PPA), and a contract within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 167,487; preparation hours per clause which incorporates the reporting because the rule only applies to response, 0.50; and total response requirements of EPCRA and PPA into competitive acquisitions exceeding burden hours, 83,744. Federal Government contracts. $100,000 (including options) in value, This regulatory action is subject to D. Determination To Issue an Interim and will only impact those companies Office of Management and Budget Rule that do not comply with existing laws review under Executive Order 12866, A determination has been made under dated September 30, 1993. regarding reporting of toxic chemical release. Also, the rule does not apply to the authority of the Secretary of Defense DATES: Effective Date: October 30, 1995. acquisitions of commercial items under (DOD), the Administrator of General Comment Date: Comments on the FAR Part 12 or contractor facilities Services (GSA), and the Administrator interim rule should be submitted in located outside the United States. An of the National Aeronautics and Space writing to the FAR Secretariat at the Initial Regulatory Flexibility Analysis Administration (NASA) that compelling address shown below on or before has, therefore, not been performed. reasons exist to promulgate this interim December 29, 1995, to be considered in Comments from small entities rule without prior opportunity for the formulation of a final rule. concerning the affected FAR subpart public comment. This action is ADDRESSES: Interested parties should will be considered in accordance with 5 necessary because Executive Order submit written comments to: General U.S.C. 610. Such comments must be 12969 requires incorporation of its Services Administration, FAR submitted separately and cite 5 U.S.C. policies into the FAR by November 6, Secretariat (VRS), 18th and F Streets 601, et seq. (FAC 90–34, FAR Case 95– 1995. However, pursuant to Public Law NW., Room 4035, Attn: Ms. Beverly 305), in correspondence. 98–577 and FAR 1.501, public Fayson, Washington, DC 20405. comments received in response to this C. Paperwork Reduction Act Please cite FAC 90–34, FAR case 95– interim rule will be considered in the 305 in all correspondence related to this Under the emergency processing formation of the final rule . case. provisions of the Paperwork Reduction FOR FURTHER INFORMATION CONTACT: Act of 1995 (Public law 104–13), the List of Subjects in 48 CFR Parts 23 and Mr. Ralph De Stefano at (202) 501–1758 Federal Acquisition Regulation (FAR) 52 in reference to this FAR case. For Secretariat has requested and obtained Government procurement. Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations 55307
Dated: October 26, 1995. (EPCRA) and the Pollution Prevention life of the contract, a Toxic Chemical Ida M. Ustad, Act of 1990 (PPA) established programs Release Inventory Form (Form R) as Associate Administrator, Office of to protect public health and the described in EPCRA sections 313 (a) and Acquisition Policy. environment by providing the public (g) and the PPA section 6607; or with important information on the toxic Federal Acquisition Circular (2) Such facilities are otherwise chemicals being released by exempt from the filing and reporting Number 90–34 manufacturing facilities into the air, requirements. Federal Acquisition Circular (FAC) land and water in its communities. 90–34 is issued under the authority of Under the EPCRA, section 313 (42 (b) A determination that it is not the Secretary of Defense, the U.S.C. 11023), and the PPA, section practicable to include the solicitation Administrator of General Services, and 6607 (42 U.S.C. 13106), manufacturers provision at FAR 52.223–13, the Administrator for the National are required to submit annual reports on Certification of Toxic Chemical Release Aeronautics and Space Administration. toxic chemical releases and waste Reporting, in a solicitation or class of Unless otherwise specified, all management activities to the solicitations shall be approved by a Federal Acquisition Regulation (FAR) Environmental Protection Agency (EPA) procurement official at a level no lower and other directive material contained and the States. than the head of the contracting activity. in FAC 90–34 is effective October 30, Prior to making such a determination for 1995. 23.903 Applicability. a solicitation or class of solicitations with an estimated value in excess of Dated: October 25, 1995. (a) This subpart applies to all competitive contracts expected to $500,000 (including all options), the Eleanor R. Spector, exceed $100,000 (including all options) agency shall consult with EPA. Director, Defense Procurement. and competitive 8(a) contracts. (c) Award shall not be made to Dated: October 26, 1995. (b) This subpart does not apply to— offerors who do not certify in Ida M. Ustad, (1) Acquisitions of commercial items accordance with paragraph (a) of this Associate Administrator, Office of under FAR part 12; or section when the provision at FAR Acquisition Policy. (2) Contractor facilities located 52.223–13, Certification of Toxic Dated: October 25, 1995. outside the United States. (The United Chemical Release Reporting, is included Deidre Lee, States, as used in this subpart, includes in the solicitation. any State of the United States, the Associate Administrator for Procurement, (d) The contracting officer shall District of Columbia, the NASA. cooperate with EPA representatives and Commonwealth of Puerto Rico, Guam, provide such advice and assistance as Therefore, 48 CFR parts 23 and 52 are American Samoa, the United States may be required to aid EPA in the amended as set forth below: Virgin Islands, the Northern Mariana performance of its responsibilities under Islands, and any other territory or PART 23ÐENVIRONMENT, E.O. 12969. CONSERVATION, OCCUPATIONAL possession over which the United States has jurisdiction.) (e) EPA, upon determining that a SAFETY AND DRUG-FREE contractor is not filing the necessary WORKPLACE 23.904 Definition. forms or is filing incomplete 1. The authority citation for 48 CFR Toxic chemicals means reportable information, may recommend to the parts 23 and 52 continued to read as chemicals currently listed and added head of the contracting activity that the follows: pursuant to EPCRA sections 313 (c), (d), contract be terminated for convenience. and (e), except for those chemicals The head of the contracting activity Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). deleted by EPA using the statutory shall consider the EPA recommendation criteria of EPCRA, sections 313 (d) and and determine if termination or some 2. Subpart 23.9, consisting of sections (e). other action is appropriate. 23.901 through 23.907, is added to read as follows: 23.905 Policy. 23.907 Solicitation provision and contract (a) It is the policy of the Government clause. Subpart 23.9ÐToxic Chemical Release to purchase supplies and services that Reporting Except for acquisitions of commercial have been produced with a minimum items made under part 12, the Sec. adverse impact on community health contracting officer shall: and the environment. 23.901 Purpose. (a) Insert the provision at 52.223–13, 23.902 General. (b) Federal agencies, to the greatest Certification of Toxic Chemical Release 23.903 Applicability. extent practicable, shall contract with Reporting, in all solicitations for 23.904 Definition. companies that report in a public competitive contracts expected to 23.905 Policy. manner on toxic chemicals released to exceed $100,000 (including all options) 23.906 Requirements. the environment. 23.907 Solicitation provision and contract and competitive 8(a) contracts, unless it clause. 23.906 Requirements. has been determined that it is not practicable in accordance with 23.901 Purpose. (a) E.O. 12969 requires that 23.906(b); and This subpart implements the solicitations for competitive contracts requirements of Executive Order (E.O.) expected to exceed $100,000 include, to (b) When the solicitation contains the 12969 of August 8, 1995, Federal the maximum extent practicable, as an provision at 52.223–13, Certification of Acquisition and Community Right-to- award eligibility criterion, a certification Toxic Chemical Release Reporting, Know. by the offeror that either— insert the clause at 52.223–14, Toxic (1) If awarded a contract, facilities it Chemical Release Reporting, in the 23.902 General. owns or operates to be used in the resulting contract, if the contract is The Emergency Planning and performance of the contract will file, expected to exceed $100,000 (including Community Right-to-Know Act of 1986 and will continue to file throughout the all options). 55308 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Rules and Regulations
PART 52ÐSOLICITATION PROVISIONS contract the Toxic Chemical Release (4) Fall within Standard Industrial AND CONTRACT CLAUSES Inventory Form (Form R) as described in Classification Code (SIC) designations 20 EPCRA sections 313(a) and (g) and PPA through 39 as set forth in FAR 19.102. 3. Sections 52.223–13 and 52.223–14 section 6607 (42 U.S.C. 13106). (c) If the Contractor has certified to be are added to read as follows: (b) Submission of this certification is a exempt in accordance with one or more of prerequisite for making or entering into this the criteria in paragraph (b) of this clause, 52.223±13 Certification of Toxic Chemical contract imposed by Executive Order 12969, and after award of the contract circumstances Release Reporting. August 8, 1995 (60 FR 40989–40992). change so that any one of its owned or As prescribed in 23.907(a), insert the (End of provision) operated facilities used in the performance of following provision: this contract is no longer exempt— 52.223±14 Toxic Chemical Release CERTIFICATION OF TOXIC CHEMICAL (1) The Contractor shall notify the Reporting. RELEASE REPORTING (OCT 1995) Contracting Officer; and (2) The Contractor owned and operated As prescribed in 23.907(b), insert the (a) The offeror, by signing this offer, facilities used in the performance of this certifies that— following clause: contract, unless otherwise exempt, shall (i) (Note: The offeror must check the TOXIC CHEMICAL RELEASE REPORTING submit a Toxic Chemical Release Inventory appropriate box(es).) (OCT 1995) Form (Form R) on or before July 1 for the b (1) To the best of its knowledge and (a) Unless otherwise exempt, the prior calendar year during which the belief, it is not subject to the filing and Contractor owned or operated facilities used Contractor becomes eligible; and (ii) continue reporting requirements described in in the performance of this contract shall file to file the annual Form R for the life of the Emergency Planning and Community Right- by July 1 for the prior calendar year an contract. to-Know Act of 1986 (EPCRA) sections 313(a) annual Toxic Chemical Release Inventory (d) The Contracting Officer may terminate and (g) and Pollution Prevention Act of 1990 Form (Form R) as described in sections 313 this contract or take other action as (PPA) section 6607 because none of its (a) and (g) of the Emergency Planning and appropriate, if the Contractor fails to comply owned or operated facilities to be used in the Community Right-to-Know Act of 1986 accurately and fully with the EPCRA and performance of this contract currently— PPA toxic chemical release filing and b (i) Manufacture, process or otherwise (EPCRA) (42 U.S.C. 11023 (a) and (g)), and reporting requirements. use any toxic chemicals listed under section section 6607 of the Pollution Prevention Act (e) Except for acquisitions of commercial 313(c) of EPCRA, 42 U.S.C. 11023(c). of 1990 (PPA) (42 U.S.C. 13106). Such b (ii) Have 10 or more full-time Contractor facilities shall file the annual items, as defined in FAR Part 12, the employees as specified in section Form R throughout the life of the contract. Contractor shall— 313(b)(1)(A) of EPCRA, 42 U.S.C. (b) A Contractor is exempt from the (1) For competitive subcontracts expected 11023(b)(1)(A). requirement to file an annual Form R if none to exceed $100,000 (including all options), b (iii) Meet the reporting thresholds of of the Contractor owned or operated facilities include a solicitation provision substantially toxic chemicals established under section used in the performance of this contract— the same as the provision at FAR 52.223–13, 313(f) of EPCRA, 42 U.S.C. 11023(f) (1) Manufacture, process or otherwise use Certification of Toxic Chemical Release (including the alternate thresholds at 40 CFR any toxic chemicals listed under section Reporting; and 372.27, provided an appropriate certification 313(c) of EPCRA, 42 U.S.C. 11023(c); (2) Include in any resultant subcontract form has been filed with EPA). (2) Have 10 or more full-time employees as exceeding $100,000 (including all options), b (iv) Fall within Standard Industrial specified in section 313(b)(1)(A) of EPCRA, with subcontractors having SIC designations Classification Code (SIC) designations 20 42 U.S.C. 11023(b)(1)(A); of major groups 20 through 39 as set forth in through 39 as set forth in FAR section 19.102. (3) Meet the reporting thresholds of toxic FAR 19.102, the substance of this clause, b (2) If awarded a contract resulting from chemicals established under section 313(f) of except this paragraph (e). this solicitation, its owned or operated EPCRA (including the alternate thresholds at (End of clause) facilities to be used in the performance of 40 CFR 372.27, provided an appropriate this contract, unless otherwise exempt, will certification form has been filed with EPA); [FR Doc. 95–26943 Filed 10–27–95; 8:45 am] file and continue to file for the life of the or BILLING CODE 6820±EP±M i
Reader Aids Federal Register Vol. 60, No. 209 Monday, October 30, 1995
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 12905 (Continued by Laws 3 CFR EO 12974)...... 51875 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 12912 (See EO For additional information 523±5227 6828...... 51877 12974) ...... 51876 6829...... 51879 Presidential Documents 12958 (See Order of 6830...... 52291 October 13, 1995)...... 53845 Executive orders and proclamations 523±5227 6831...... 52827 12973...... 51665 The United States Government Manual 523±5227 6832...... 53097 12974...... 51875 Other Services 6833...... 53099 12975...... 52063 6834...... 53101 12976...... 52829 Electronic and on-line services (voice) 523±4534 6835...... 53103 12977...... 54411 Privacy Act Compilation 523±3187 6836...... 53105 12978...... 54579 TDD for the hearing impaired 523±5229 6837...... 53107 12979...... 55171 6838...... 53247 Administrative Orders: ELECTRONIC BULLETIN BOARD 6839...... 53249 Memorandums: 6840...... 53843 September 29, 1995...... 52061 Free Electronic Bulletin Board service for Public Law numbers, 6841...... 54023 October 2, 1995...... 52821 Federal Register finding aids, and list of documents on public 6842...... 54025 October 3, 1995...... 52289 inspection. 202±275±0920 6843...... 54931 October 10, 1995...... 53251 FAX-ON-DEMAND 6844...... 54933 Orders: 6845...... 54935 October 13, 1995...... 53845 You may access our Fax-On-Demand service. You only need a fax Executive Orders: machine and there is no charge for the service except for long Presidential Determinations: 4410 (Revoked in part No. 95±45 of distance telephone charges the user may incur. The list of by PLO 7165)...... 52846 documents on public inspection and the daily Federal Register’s September 29, 11145 (Continued by 1995 ...... 52823 table of contents are available using this service. The document EO 12974)...... 51875 numbers are 7050-Public Inspection list and 7051-Table of No. 95±46 of 11183 (Continued by September 29, Contents list. The public inspection list will be updated EO 12974)...... 51875 immediately for documents filed on an emergency basis. 1995 ...... 53087 11287 (Continued by No. 95±47 of NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON EO 12974)...... 51875 September 29, FILE AND NOT THE ACTUAL DOCUMENT. Documents on 11776 (Continued by 1995 ...... 53089 public inspection may be viewed and copied in our office located EO 12974)...... 51875 No. 95±48 of at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 12131 (Continued by September 29, telephone number is: 301±713±6905 EO 12974)...... 51875 1995 ...... 53091 12196 (Continued by No. 95±49 of FEDERAL REGISTER PAGES AND DATES, OCTOBER EO 12974)...... 51875 September 28, 12216 (Continued by 1995 ...... 53677 51321±51666...... 2 EO 12974)...... 51875 No. 95±50 of 51667±51876...... 3 12345 (Continued by September 30, 51877±52062...... 4 EO 12974)...... 51875 1995 ...... 53093 12367 (Continued by 52063±52290...... 5 EO 12974)...... 51875 5 CFR 52291±52608...... 6 12382 (Continued by 213...... 55173 52609±52830...... 10 EO 12974)...... 51875 315...... 53503 52831±53100...... 11 12844 (Revoked in 532...... 51881, 55174 53101±53246...... 12 part by EO 581...... 54937 53247±53502...... 13 12974) ...... 51876 831...... 54585 53503±53690...... 16 12869 (Superseded by 838...... 54938 53691±53846...... 17 EO 12974)...... 51876 842...... 54585 53847±54026...... 18 11871 (Continued by 870...... 51881 54027±54150...... 19 EO 12974)...... 51875 871...... 51881 54151±54290...... 20 11876 (Continued by 872...... 51881 EO 12974)...... 51875 54291±54410...... 23 874...... 51881 12878 (Revoked by 2608...... 51667 54411±54584...... 24 EO 12974)...... 51876 2612...... 51667 54585±54798...... 25 12882 (Continued by 2635...... 51667 54799±54936...... 26 EO 12974)...... 51875 Proposed Rules: 54937±55172...... 27 12887 (See EO 251...... 51371 55173±55308...... 30 12974) ...... 51876 531...... 53545 12900 (Continued by 591...... 53716 EO 12974)...... 51875 12901 (Amended by 7 CFR EO 12973)...... 51665 8...... 52293 ii Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Reader Aids
301 ...... 52831, 52833, 54938 327...... 54450, 54819 107...... 51854, 53830 10...... 52294 400...... 51321 381...... 54450, 54819 108 ...... 51850, 51854, 53830 12...... 54939 810...... 51667 121...... 51850, 52625 19...... 52294 906...... 54291 10 CFR 125...... 52625 54...... 52294 916...... 52067 50...... 53505 135...... 51850, 52625 101...... 52627 917...... 52067 70...... 53505 Proposed Rules: 123...... 54187 920...... 52834, 55175 72...... 53505 25...... 55221 125...... 52294 922...... 54292 110...... 55183 39 ...... 51375, 51376, 51942, 141...... 52294 923...... 54292 905...... 54151 51944, 52130, 52131, 52636, 144...... 52294 924...... 54292 Proposed Rules: 52870, 52872, 53148, 53150, 148...... 54187 966...... 55176 50...... 51936 53307, 53309, 53310, 53312, 210...... 53117 979...... 54294 52...... 51936, 53883 53314, 53548, 53550, 53552, Proposed Rules: 982...... 51668 100...... 51936 53554, 53556, 53558, 53883, 101...... 52347 984...... 55178 53888, 54202, 54203, 54820 201...... 51748 1099...... 55179 11 CFR 71 ...... 51747, 52133, 52134, 207...... 51748 1150...... 53253 52637, 52638, 52639, 53724, 100...... 52069 20 CFR 1212...... 52835 106...... 52069 54205, 54206, 54457, 54458, 1443...... 51885 109...... 52069 55222, 55223, 55224, 55226, 404...... 53267 1477...... 52609, 54409 110...... 52069 55227 702...... 51346 1478...... 52609 114...... 52069 77...... 53680 703...... 51346 1900...... 55112 21 CFR 1910...... 55112 12 CFR 15 CFR 1924...... 55112 Ch. XVIII ...... 54110 773...... 54030 5...... 54424 1940...... 55112 207...... 55183 778...... 54030 73...... 52628 1942...... 52838 220...... 55183 799...... 53698, 54030 100...... 53480 1944...... 55112 221...... 55183 806...... 54590 101...... 53480 1950...... 55112 224...... 55183 Proposed Rules: 103...... 53480 104...... 53480 1951...... 55112 229...... 51669 929...... 53890 105...... 53480 1955...... 55112 701...... 51886 937...... 53890 109...... 53480 1965...... 55112 722...... 51889 16 CFR 137...... 53480 1980...... 52838, 53254 1805...... 54110 2610...... 52840 429...... 54185 161...... 53480 1806...... 54110 163...... 53480 2620...... 52842 1815...... 54110 436...... 51895 1500...... 53266 172...... 54425 Proposed Rules: Proposed Rules: 1700...... 53699 173...... 54035 54...... 53283 Ch. II ...... 53546 Proposed Rules: 177...... 54188, 54425 300...... 51373 22...... 53962 178...... 54427, 54428 318...... 51373 24...... 54819 24...... 54316 260...... 54619 182...... 53480 981...... 55213 208...... 53692 184...... 54190 985...... 52869 339...... 53692 17 CFR 186...... 53480 1124...... 54315 563...... 53692 197...... 53480 1135...... 54315 1...... 54801 572...... 53692 3...... 54801 200...... 53480 1280...... 51737 614...... 53692 9...... 54801 250...... 53480 1413...... 52634 701...... 51936 10...... 54801 310...... 52474, 53480 3015...... 53717 760...... 53692 11...... 54801 355...... 52474 3016...... 53717 933...... 54958 21...... 54801 369...... 52474 3017...... 54103 500...... 53480 13 CFR 36...... 51323 3050...... 53717 200...... 52626 505...... 53480 3401...... 55160 106...... 54588 231...... 53458 507...... 53480 109...... 54588 8 CFR 241...... 53458 508...... 53480 110...... 54588 271...... 53458 510...... 53480, 54193 204...... 54027 111...... 54588 Proposed Rules: 522 ...... 51718, 53509, 54941 208...... 52068 128...... 54588 230...... 53468 558 ...... 53509, 53701, 54193 212...... 52068, 52248 129...... 54588 232...... 53468 570...... 53480 214...... 52068, 52248 144...... 54588 239...... 53468 573...... 53702 236...... 52068 601...... 53480 14 CFR 240 ...... 52792, 53468, 53832, 242...... 52068 54823 620...... 53480 245...... 52068, 52248 23...... 54297 270...... 53152, 53468 630...... 53480 248...... 52068 25...... 53691 640...... 53480 274a...... 52068 39 ...... 51321, 51703, 51705, 18 CFR 650...... 53480 299...... 52068 51707, 51709, 51713, 52073, 2...... 53019 660...... 53480 52618, 52620, 52622, 52843, 680...... 53480 9 CFR 154...... 52960 52844, 53109, 53110, 53112, 157...... 53019 700...... 53480 92...... 55180 53265, 53507, 53847, 54849, 158...... 53019 801...... 53480 318...... 54295 53851, 53853, 53855, 53857, 201...... 53019 886...... 54942 327...... 54296 53859, 53860, 53862, 53864, 250...... 53019 1310...... 53121, 54409 331...... 54413 53866, 53868, 53869, 54414, 260...... 53019 Proposed Rules: 381...... 54296, 54413 54415, 54417, 54419, 54421, 284...... 53019 2...... 53725 Proposed Rules: 54799, 54800, 55187, 55189 357...... 53114 330...... 52058 92...... 54315 61...... 51850 381...... 53019 801...... 53560 94...... 52635 63...... 51850 382...... 53114 803...... 53560 308...... 54450, 54819 65...... 51850 385...... 53019 804...... 53560 310...... 54450, 54819 71 ...... 52293, 52624, 52846, Proposed Rules: 888...... 51946 318...... 54450, 54819 53870, 53871, 53872, 54423 35...... 52874, 54317 897...... 53560 320...... 54450, 54819 95...... 55191 325...... 54450, 54819 97 ...... 51715, 51717, 54299, 19 CFR 22 CFR 326...... 54450, 54819 54300, 55194, 55195, 55197 4...... 54939 92...... 51719 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Reader Aids iii
514...... 53122 21...... 52640 52312, 54305, 54308, 54435, 67...... 54039 Proposed Rules: 22...... 52640 54439, 54595, 54597, 54599, Proposed Rules: 51...... 51760, 54103 23...... 52640 54807, 54810, 54812, 54946, 67...... 54051 181...... 54319 26...... 52640 55198, 55200 27...... 52640 58...... 52315 45 CFR 24 CFR 29...... 52640 60...... 52329, 52331 51±5...... 54199 291...... 52296 33...... 52640 61...... 52329, 52331 Proposed Rules: Proposed Rules: 35...... 52640 70...... 52332, 53872 1305...... 54648 882...... 51658, 54979 56...... 55150 81 ...... 51354, 51360, 52336, 46 CFR 3500...... 54794 57...... 55150 54310 75...... 53891 125...... 53875 1...... 54106 25 CFR 206...... 51963 136...... 53529 2...... 54106 163...... 52250 211...... 54321 180 ...... 52248, 54604, 54605, 5...... 54106 164...... 51723 250...... 54465 54607 6...... 54106 165...... 51723 906...... 53562 185...... 54610 10...... 54106 935...... 54619 186...... 54610 12...... 54106 26 CFR 934...... 53564 258...... 52337 14...... 54106 938...... 53565 1 ...... 52077, 53126, 54942 261...... 54311 16...... 54106 943 ...... 53567, 53569, 54620 31...... 53509 271 ...... 51925, 52629, 53704, 25...... 54106 53707, 53708 28...... 54106, 54441 40...... 54803 31 CFR 279...... 55202 30...... 54106 52...... 52848 515...... 54194 301...... 51724, 54944 282...... 52343 31...... 54106 602 ...... 52848, 53126, 53509 Proposed Rules: 300...... 51927 32...... 54106 103...... 53316 372...... 54949 33...... 54106 Proposed Rules: 403...... 54764 34...... 54106 31...... 53561 32 CFR 503...... 54764 35...... 54106 301...... 55228 67...... 54301 Proposed Rules: 39...... 54106 27 CFR 199...... 52078 50...... 52874 50...... 54106 311...... 54197 51 ...... 51378, 52734, 54321 52...... 54106 9...... 51896 505...... 51918 52 ...... 51378, 51379, 51382, 53...... 54106 28 CFR 706 ...... 52860, 53272, 54198 51964, 52348, 52351, 52352, 54...... 54106 2001...... 53492 54325, 54465, 54466, 54636, 56...... 54106 0...... 53267 Proposed Rules: 54637, 54832, 54990, 55231 57...... 54106 2 ...... 51348, 51349, 51350 321...... 51764 60...... 52889 58...... 54106 501...... 53490 723...... 53153 63...... 53728 59...... 54106 549...... 52278 70 ...... 52890, 54990, 55231 61...... 54106 33 CFR Proposed Rules: 80...... 52135, 53157 62...... 54106 16...... 51962 100 ...... 52296, 52297, 53273 81...... 51382, 53729 63...... 54106 29...... 54459 110...... 52103 82...... 51383, 52357 69...... 54106 541...... 54922 117 ...... 51727, 51728, 51729, 85...... 51378, 52734 70...... 54106 549...... 54288 51730, 51732, 52298, 53129, 86...... 52734, 53157 71...... 54106 551...... 54289 53274, 54430, 54431, 54432, 89...... 53157 72...... 54106 54805 29 CFR 136...... 53988 75...... 54106 164...... 51733 180 ...... 54637, 54641, 54643 76...... 54106 4...... 51725 165 ...... 52103, 52861, 54303, 261...... 54207 77...... 54106 502...... 54803 54434, 54806 268...... 54645 78...... 54106 503...... 54803 Proposed Rules: 271...... 54207 90...... 54106 517...... 54804 84...... 53726 300...... 51390, 51395 91...... 54106 526...... 54804 110...... 53317 302...... 51765, 54207 92...... 54106 1602...... 51350 117...... 54823 355...... 51765 93...... 54106 1910...... 52856, 54462 162...... 53318 403...... 54771 94...... 54106 1915...... 54462 187...... 53727 503...... 54771 95...... 54106 1926...... 54462 96...... 54106 2610...... 53268 36 CFR 42 CFR 97...... 54106 2619...... 53269 223...... 53704 411...... 53876 98...... 54106 2622...... 53268 251...... 54409 414...... 53877 107...... 54106 2644...... 53272 261...... 54409 486...... 53877 108...... 54106 2676...... 53269 1210...... 53514 489...... 52731, 53456 110...... 54106 Proposed Rules: Proposed Rules: 498...... 52731 147...... 54106 Ch. XIV ...... 54207 7...... 54633 148...... 54106 1625...... 51762 43 CFR 150...... 54106 1910...... 54047 38 CFR Public Land Orders: 151...... 54106 2615...... 52135 1...... 53275 7155...... 52731 153...... 54106 2615...... 54619 3 ...... 51921, 52862, 52863, 7161...... 52631 154...... 54106 53276 7162...... 52631 160...... 52631, 54106 30 CFR 20...... 51922 7163...... 51734 161...... 54106 902...... 54592 21...... 54435 7164...... 52864 162...... 54106 906...... 54592 Proposed Rules: 7165...... 52864 164...... 54106 914...... 53511, 54593 4...... 54825 7166...... 53131 167...... 54106 944...... 54592 7167...... 53131 169...... 54106 948...... 51900 39 CFR 7168...... 53131 170...... 54106 Proposed Rules: 233...... 54304 7169...... 54814 171...... 53710 6...... 52640 3001...... 54981 174...... 54106 18...... 52640, 53891 44 CFR 175...... 54106 19...... 52640 40 CFR 64...... 51360, 54612 180...... 54106 20...... 52640 52 ...... 51351, 51354, 51923, 65...... 54036, 54038 181...... 54106 iv Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Reader Aids
182...... 54106 23...... 55306 207...... 53573 565...... 54658 183...... 54106 52...... 54817, 55306 209...... 53573 567...... 54658 184...... 54106 219...... 54954 215 ...... 53573, 53574, 54326 571 ...... 53328, 54467, 54658, 188...... 54106 252...... 54954 216...... 54326 54833 189...... 54106 501...... 54955 225...... 53319 1043...... 53894 190...... 54106 502...... 54956 231...... 53320, 53321 1160...... 53894 192...... 54106 504...... 54955 232...... 54326 193...... 54106 507...... 54955 233...... 54326 196...... 54106 508...... 54955 235...... 54326 50 CFR 197...... 54106 509...... 54955 239...... 54326 23...... 52450 Proposed Rules: 514...... 54956 244...... 55001 32...... 52866 Ch. I ...... 52143 515...... 54955 246...... 54326 227...... 51928, 52121 10...... 54466 516...... 54955 242...... 53573, 53575 228...... 53139 25...... 52359 519...... 54955 252 ...... 53319, 53575, 54326 285...... 51932 552...... 53572 525...... 54956 253...... 54326 301...... 54818 528...... 54955 1510...... 51964 625...... 53281 47 CFR 536...... 54955 1532...... 51964 630...... 51933 1...... 52865, 53277 541...... 54955 1552...... 51964 651...... 51370, 55207 32...... 53544 542...... 54956 1553...... 51964 672 ...... 51934, 51935, 52128, 36...... 53544 549...... 54955 1816...... 54208 52632, 53714, 53881, 54200, 43...... 51366, 52865 552...... 54955 1845...... 54651 54818 61...... 52345, 52865 915...... 52632 1852...... 54208, 54651 675 ...... 52129, 53147, 53881, 63...... 51366 916...... 52632 54046, 54617, 55212 64...... 52105, 54449 970...... 52632 49 CFR 677...... 53715 68...... 52105, 54814 1415...... 53278 178...... 54409 Proposed Rules: 73 ...... 52105, 52106, 53278, 1426...... 53278 209...... 53133 14...... 53329 53877, 53878, 54313, 54616, 1428...... 53278 240...... 53133 17 ...... 51398, 51417, 51432, 54617, 54953, 54954, 55206 1452...... 53278 571...... 53280 51436, 51443 76 ...... 51927, 52106, 54815 1815...... 53878 572...... 53280 18...... 54210 97...... 53132, 54409 1816...... 53878 Proposed Rules: 36...... 53576 Proposed Rules: 1819...... 53880 107...... 53321, 53729 222...... 51968 21...... 53891 1822...... 52121 110...... 53321 227...... 51968 25...... 53891 1852...... 53878, 53880 171...... 53321, 54008 301...... 51735 36...... 52359, 55237 1870...... 53878 172...... 53321 638...... 53730 61 ...... 52362, 52364, 53157 1871...... 51368 173...... 53321, 54008 642...... 53576 69...... 55237 2209...... 54588 174...... 53321 646...... 54329 73 ...... 52144, 52641, 53892 Proposed Rules: 175...... 53321 649...... 54210 90...... 52894, 53893 Ch. 2 ...... 55001 176...... 53321 650...... 54210 31...... 54918, 54920 177...... 53321 651...... 51978, 54210 48 CFR 32...... 51766 178...... 53321 652...... 54211, 54330 11...... 54817 45...... 53319 179...... 53321 656 ...... 53577, 53907, 54663 12...... 54817 52...... 51766, 53319 195...... 54328 658...... 54663 15...... 54045 204...... 54326 541...... 54658 676...... 51452, 53331 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Reader Aids v
CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–026–00042–5) ...... 33.00 Jan. 1, 1995 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–026–00043–3) ...... 27.00 Jan. 1, 1995 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–026–00044–1) ...... 13.00 Jan. 1, 1995 numbers, prices, and revision dates. 200–1199 ...... (869–026–00045–0) ...... 23.00 Jan. 1, 1995 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–026–00046–8) ...... 16.00 Jan. 1, 1995 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–026–00047–6) ...... 15.00 Jan. 1, 1995 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–026–00048–4) ...... 26.00 Jan. 1, 1995 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–026–00049–2) ...... 21.00 Jan. 1, 1995 Affected), which is revised monthly. 16 Parts: The annual rate for subscription to all revised volumes is $883.00 0–149 ...... (869–026–00050–6) ...... 7.00 Jan. 1, 1995 domestic, $220.75 additional for foreign mailing. 150–999 ...... (869–026–00051–4) ...... 19.00 Jan. 1, 1995 Mail orders to the Superintendent of Documents, Attn: New Orders, 1000–End ...... (869–026–00052–2) ...... 25.00 Jan. 1, 1995 P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be accompanied by remittance (check, money order, GPO Deposit 17 Parts: Account, VISA, or Master Card). Charge orders may be telephoned 1–199 ...... (869–026–00054–9) ...... 20.00 Apr. 1, 1995 ...... to the GPO Order Desk, Monday through Friday, at (202) 512±1800 200–239 (869–026–00055–7) 24.00 Apr. 1, 1995 ...... from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 240–End (869–026–00056–5) 30.00 Apr. 1, 1995 to (202) 512-2233. 18 Parts: Title Stock Number Price Revision Date 1–149 ...... (869–026–00057–3) ...... 16.00 Apr. 1, 1995 150–279 ...... (869–026–00058–1) ...... 13.00 Apr. 1, 1995 1, 2 (2 Reserved) ...... (869–026–00001–8) ...... $5.00 Jan. 1, 1995 280–399 ...... (869–026–00059–0) ...... 13.00 Apr. 1, 1995 3 (1994 Compilation 400–End ...... (869–026–00060–3) ...... 11.00 Apr. 1, 1995 and Parts 100 and 19 Parts: 1 101) ...... (869–026–00002–6) ...... 40.00 Jan. 1, 1995 1–140 ...... (869–026–00061–1) ...... 25.00 Apr. 1, 1995 4 ...... (869–026–00003–4) ...... 5.50 Jan. 1, 1995 141–199 ...... (869–026–00062–0) ...... 21.00 Apr. 1, 1995 200–End ...... (869–026–00063–8) ...... 12.00 Apr. 1, 1995 5 Parts: 1–699 ...... (869–026–00004–2) ...... 23.00 Jan. 1, 1995 20 Parts: 700–1199 ...... (869–026–00005–1) ...... 20.00 Jan. 1, 1995 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1200–End, 6 (6 400–499 ...... (869–026–00065–4) ...... 34.00 Apr. 1, 1995 Reserved) ...... (869–026–00006–9) ...... 23.00 Jan. 1, 1995 500–End ...... (869–026–00066–2) ...... 34.00 Apr. 1, 1995 7 Parts: 21 Parts: 0–26 ...... (869–026–00007–7) ...... 21.00 Jan. 1, 1995 1–99 ...... (869–026–00067–1) ...... 16.00 Apr. 1, 1995 27–45 ...... (869–026–00008–5) ...... 14.00 Jan. 1, 1995 100–169 ...... (869–026–00068–9) ...... 21.00 Apr. 1, 1995 46–51 ...... (869–026–00009–3) ...... 21.00 Jan. 1, 1995 170–199 ...... (869–026–00069–7) ...... 22.00 Apr. 1, 1995 52 ...... (869–026–00010–7) ...... 30.00 Jan. 1, 1995 200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 53–209 ...... (869–026–00011–5) ...... 25.00 Jan. 1, 1995 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 210–299 ...... (869–026–00012–3) ...... 34.00 Jan. 1, 1995 500–599 ...... (869–026–00072–7) ...... 22.00 Apr. 1, 1995 300–399 ...... (869–026–00013–1) ...... 16.00 Jan. 1, 1995 600–799 ...... (869–026–00073–5) ...... 9.50 Apr. 1, 1995 400–699 ...... (869–026–00014–0) ...... 21.00 Jan. 1, 1995 800–1299 ...... (869–026–00074–3) ...... 23.00 Apr. 1, 1995 700–899 ...... (869–026–00015–8) ...... 23.00 Jan. 1, 1995 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 900–999 ...... (869–026–00016–6) ...... 32.00 Jan. 1, 1995 1000–1059 ...... (869–026–00017–4) ...... 23.00 Jan. 1, 1995 22 Parts: 1060–1119 ...... (869–026–00018–2) ...... 15.00 Jan. 1, 1995 1–299 ...... (869–026–00076–0) ...... 33.00 Apr. 1, 1995 1120–1199 ...... (869–026–00019–1) ...... 12.00 Jan. 1, 1995 300–End ...... (869–026–00077–8) ...... 24.00 Apr. 1, 1995 1200–1499 ...... (869–026–00020–4) ...... 32.00 Jan. 1, 1995 23 ...... (869–026–00078–6) ...... 22.00 Apr. 1, 1995 1500–1899 ...... (869–026–00021–2) ...... 35.00 Jan. 1, 1995 24 Parts: 1900–1939 ...... (869–026–00022–1) ...... 16.00 Jan. 1, 1995 ...... 1940–1949 ...... (869–026–00023–9) ...... 30.00 Jan. 1, 1995 0–199 (869–026–00079–4) 40.00 Apr. 1, 1995 1950–1999 ...... (869–026–00024–7) ...... 40.00 Jan. 1, 1995 200–219 ...... (869–026–00080–8) ...... 19.00 Apr. 1, 1995 2000–End ...... (869–026–00025–5) ...... 14.00 Jan. 1, 1995 220–499 ...... (869–026–00081–6) ...... 23.00 Apr. 1, 1995 500–699 ...... (869–026–00082–4) ...... 20.00 Apr. 1, 1995 8 ...... (869–026–00026–3) ...... 23.00 Jan. 1, 1995 700–899 ...... (869–026–00083–2) ...... 24.00 Apr. 1, 1995 9 Parts: 900–1699 ...... (869–026–00084–1) ...... 24.00 Apr. 1, 1995 1–199 ...... (869–026–00027–1) ...... 30.00 Jan. 1, 1995 1700–End ...... (869–026–00085–9) ...... 17.00 Apr. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 25 ...... (869–026–00086–7) ...... 32.00 Apr. 1, 1995 10 Parts: 26 Parts: 0–50 ...... (869–026–00029–8) ...... 30.00 Jan. 1, 1995 §§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 51–199 ...... (869–026–00030–1) ...... 23.00 Jan. 1, 1995 §§ 1.61–1.169 ...... (869–026–00088–3) ...... 34.00 Apr. 1, 1995 200–399 ...... (869–026–00031–0) ...... 15.00 6Jan. 1, 1993 §§ 1.170–1.300 ...... (869–026–00089–1) ...... 24.00 Apr. 1, 1995 400–499 ...... (869–026–00032–8) ...... 21.00 Jan. 1, 1995 §§ 1.301–1.400 ...... (869–026–00090–5) ...... 17.00 Apr. 1, 1995 500–End ...... (869–026–00033–6) ...... 39.00 Jan. 1, 1995 §§ 1.401–1.440 ...... (869–026–00091–3) ...... 30.00 Apr. 1, 1995 11 ...... (869–026–00034–4) ...... 14.00 Jan. 1, 1995 §§ 1.441-1.500 ...... (869-026-00092-1) ...... 22.00 Apr. 1, 1995 §§ 1.501–1.640 ...... (869–026–00093–0) ...... 21.00 Apr. 1, 1995 12 Parts: §§ 1.641–1.850 ...... (869–026–00094–8) ...... 25.00 Apr. 1, 1995 1–199 ...... (869–026–00035–2) ...... 12.00 Jan. 1, 1995 §§ 1.851–1.907 ...... (869–026–00095–6) ...... 26.00 Apr. 1, 1995 200–219 ...... (869–026–00036–1) ...... 16.00 Jan. 1, 1995 §§ 1.908–1.1000 ...... (869–026–00096–4) ...... 27.00 Apr. 1, 1995 220–299 ...... (869–026–00037–9) ...... 28.00 Jan. 1, 1995 §§ 1.1001–1.1400 ...... (869–026–00097–2) ...... 25.00 Apr. 1, 1995 300–499 ...... (869–026–00038–7) ...... 23.00 Jan. 1, 1995 §§ 1.1401–End ...... (869–026–00098–1) ...... 33.00 Apr. 1, 1995 500–599 ...... (869–026–00039–5) ...... 19.00 Jan. 1, 1995 2–29 ...... (869–026–00099–9) ...... 25.00 Apr. 1, 1995 ...... 600–End (869–026–00040–9) 35.00 Jan. 1, 1995 30–39 ...... (869–026–00100–6) ...... 18.00 Apr. 1, 1995 13 ...... (869–026–00041–7) ...... 32.00 Jan. 1, 1995 40–49 ...... (869–026–00101–4) ...... 14.00 Apr. 1, 1995 vi Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Reader Aids
Title Stock Number Price Revision Date Title Stock Number Price Revision Date 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 400–424 ...... (869–022–00152–3) ...... 27.00 July 1, 1994 300–499 ...... (869–026–00103–1) ...... 24.00 Apr. 1, 1995 425–699 ...... (869–022–00153–1) ...... 30.00 July 1, 1994 500–599 ...... (869–026–00104–9) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–026–00157–0) ...... 25.00 July 1, 1995 600–End ...... (869–026–00105–7) ...... 8.00 Apr. 1, 1995 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 41 Chapters: 1–199 ...... (869–026–00106–5) ...... 37.00 Apr. 1, 1995 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 8Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–026–00110–3) ...... 21.00 July 1, 1995 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–026–00111–1) ...... 9.50 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–026–00112–0) ...... 36.00 July 1, 1995 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 1910.999) ...... (869–022–00111–6) ...... 33.00 July 1, 1994 101 ...... (869–022–00157–4) ...... 29.00 July 1, 1994 1910 (§§ 1910.1000 to 102–200 ...... (869–026–00161–8) ...... 15.00 July 1, 1995 end) ...... (869–026–00115–4) ...... 22.00 July 1, 1995 201–End ...... (869–026–00162–6) ...... 13.00 July 1, 1995 1911–1925 ...... (869–022–00113–2) ...... 26.00 July 1, 1994 42 Parts: 1926 ...... (869–022–00114–1) ...... 33.00 July 1, 1994 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–022–00115–9) ...... 36.00 July 1, 1994 400–429 ...... (869–022–00161–2) ...... 26.00 Oct. 1, 1994 30 Parts: 430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–022–00116–7) ...... 27.00 July 1, 1994 43 Parts: 200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 1–999 ...... (869–022–00163–9) ...... 23.00 Oct. 1, 1994 700–End ...... (869–026–00121–9) ...... 30.00 July 1, 1995 1000–3999 ...... (869–022–00164–7) ...... 31.00 Oct. 1, 1994 31 Parts: 4000–End ...... (869–022–00165–5) ...... 14.00 Oct. 1, 1994 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–026–00123–5) ...... 25.00 July 1, 1995 45 Parts: 32 Parts: 2 1–199 ...... (869–022–00167–1) ...... 22.00 Oct. 1, 1994 1–39, Vol. I ...... 15.00 July 1, 1984 200–499 ...... (869–022–00168–0) ...... 15.00 Oct. 1, 1994 1–39, Vol. II ...... 19.00 2 July 1, 1984 2 500–1199 ...... (869–022–00169–8) ...... 32.00 Oct. 1, 1994 1–39, Vol. III ...... 18.00 July 1, 1984 1200–End ...... (869–022–00170–1) ...... 26.00 Oct. 1, 1994 1–190 ...... (869–022–00121–3) ...... 31.00 July 1, 1994 191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: 400–629 ...... (869–026–00126–0) ...... 26.00 July 1, 1995 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–026–00127–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 700–799 ...... (869–026–00128–6) ...... 21.00 July 1, 1995 70–89 ...... (869–022–00173–6) ...... 8.50 Oct. 1, 1994 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 140–155 ...... (869–022–00175–2) ...... 12.00 Oct. 1, 1994 33 Parts: 156–165 ...... (869–022–00176–1) ...... 17.00 7Oct. 1, 1993 1–124 ...... (869–022–00127–2) ...... 20.00 July 1, 1994 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–022–00128–1) ...... 26.00 July 1, 1994 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–022–00179–5) ...... 15.00 Oct. 1, 1994 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–022–00181–7) ...... 20.00 Oct. 1, 1994 400–End ...... (869–022–00132–9) ...... 40.00 July 1, 1994 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 70–79 ...... (869–022–00183–3) ...... 24.00 Oct. 1, 1994 80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 36 Parts 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 48 Chapters: 200–End ...... (869–026–00138–3) ...... 37.00 July 1, 1995 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 37 ...... (869–026–00139–1) ...... 20.00 July 1, 1995 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 ...... (869–022–00189–2) ...... 23.00 Oct. 1, 1994 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 15–28 ...... (869–022–00191–4) ...... 32.00 Oct. 1, 1994 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: 1–51 ...... (869–026–00143–0) ...... 40.00 July 1, 1995 49 Parts: 52 ...... (869–022–00141–8) ...... 39.00 July 1, 1994 1–99 ...... (869–022–00193–1) ...... 24.00 Oct. 1, 1994 53–59 ...... (869–022–00142–6) ...... 11.00 July 1, 1994 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 *60 ...... (869-026-00146-4) ...... 36.00 July 1, 1995 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 61–80 ...... (869–022–00144–2) ...... 41.00 July 1, 1994 200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 81–85 ...... (869–022–00145–1) ...... 23.00 July 1, 1994 400–999 ...... (869–022–00197–3) ...... 35.00 Oct. 1, 1994 86–99 ...... (869–022–00146–9) ...... 41.00 July 1, 1994 1000–1199 ...... (869–022–00198–1) ...... 19.00 Oct. 1, 1994 100–149 ...... (869–022–00147–7) ...... 39.00 July 1, 1994 1200–End ...... (869–022–00199–0) ...... 15.00 Oct. 1, 1994 150–189 ...... (869–022–00148–5) ...... 24.00 July 1, 1994 50 Parts: 190–259 ...... (869–026–00152–9) ...... 17.00 July 1, 1995 1–199 ...... (869–022–00200–7) ...... 25.00 Oct. 1, 1994 260–299 ...... (869–022–00150–7) ...... 36.00 July 1, 1994 200–599 ...... (869–022–00201–5) ...... 22.00 Oct. 1, 1994 300–399 ...... (869–022–00151–5) ...... 18.00 July 1, 1994 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 Federal Register / Vol. 60, No. 209 / Monday, October 30, 1995 / Reader Aids vii
Title Stock Number Price Revision Date Subscription (mailed as issued) ...... 264.00 1995 CFR Index and Findings Individual copies ...... 1.00 1995 Aids ...... (869–026–00053–1) ...... 36.00 Jan. 1, 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. Complete 1995 CFR set ...... 883.00 1995 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations Microfiche CFR Edition: in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. Complete set (one-time mailing) ...... 188.00 1992 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only Complete set (one-time mailing) ...... 223.00 1993 for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, Complete set (one-time mailing) ...... 244.00 1994 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1995. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1995. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1994. The CFR volume issued January 1, 1993, should be retained. 7 No amendments to this volume were promulgated during the period October 1, 1993, to September 30, 1994. The CFR volume issued October 1, 1993, should be retained. 8 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained.